Can I live in the same home as my spouse and still be separated?

Kentucky requires that the parties have been separated, or have “lived apart”, for a period of 60 days, which can include living under the same roof without sexual cohabitation, before the court can grant a decree of legal separation or dissolution of marriage. KRS 403.170(1). You do not need to obtain a separate home to be considered separated pursuant to the statute.

The date of actual separation may be important to your divorce depending on the arguments you intend to make regarding property. KRS 403.190(1) requires that a couple’s marital property be divided in “just proportions”—equitably rather than equally—considering several factors. One such factor that a court can consider is whether a spouse has contributed to the acquisition of marital property and debt after actual separation. If your spouse has not contributed to the acquisition of marital property after actual separation, you may be able to request a larger proportion of the marital property. You will want to discuss the date of separation with your legal representation prior to filing for a dissolution of marriage.

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