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.

1 Response

Recent Posts

Flag of Kentucky
General Division of District Court Has Jurisdiction to Hear IPO Cases Involving Minors; GAL Must Be Appointed to Represent Minors in IPO Cases – Published Opinion from Supreme Court of Ky.
September 14, 2021
Hearsay Statements Detailing Abuse, Behavior, and Feelings to a Treating Therapist that Are Essential for Diagnosis and Treatment Are Properly Admissible; Hearsay Statements Regarding the Identity of the Perpetrator May Be Admissible – Published Opinion from Supreme Court of Ky.
September 14, 2021
Signature
Family Court Made Sufficient Findings of Fact and Conclusions of Law by Incorporating Oral Findings of Fact and Conclusions of Law by Reference into Written Order – Published Opinion from Supreme Court of Ky.
September 14, 2021