Kentucky Divorce Laws

Kentucky Divorce Laws regarding Alimony

The Title 35 Chapter 403.200 of the statutes is observed while determining alimony. If the partner requesting for maintenance –

• Cannot fulfill the reasonable requirements of life due to dearth of enough property inclusive of the marital property awarded during property distribution
• Is not capable of supporting self by means of apt employment
• Is the custodian of the child and the circumstances or condition of the child makes it necessary that the custodian cannot search employment outside the house

then, the Court may issue an alimony order for the partner. The Court considers several relevant factors like –

• The capacity of the partner from whom alimony is demanded to fulfill self needs as well as the needs of the partner requesting alimony
• The emotional state, physical state and age of the partner requesting maintenance
• The period of marital life
• The standard of living enjoyed by the partners during marital status
• The duration essential for the partner requesting alimony to attain enough training or education to seek proper employment
• The economical resources of the partner requesting maintenance inclusive of the marital property allocated to such a partner and the resulting capacity of this partner to fulfill the requirements of life independently

Kentucky Divorce Laws regarding property distribution

Marital property is defined as all property that is attained by both partners after their marriage and before the decree of legal separation, irrespective of the fact of holding the title to the property individually or as a co-ownership like community property, tenancy by the entirety, tenancy in common or joint tenancy. The following types of property cannot be considered as marital property –

• Property that is excluded due to a valid agreement amongst the partners
• Property attained by any partner after a decree of legal separation
• Property that is attained by exchanging property attained prior to the marriage
• Property attained by exchanging property acquired by descent, devise, bequest and gift
• The raise in the value of property that is attained prior to the marriage to such a level that this raise has not occurred due to the efforts of the partners in their marital life
• Property attained by descent, devise, bequest or gift during marital life and the income obtained from it, unless either partner has practiced considerable activities due to which the value of this property or the income obtained from this property was increased

After reaching a decision regarding which property should be classified as marital property, the distribution of this property is decided by the Court after speculating the following issues –

• The period of marital life
• The valuation of the property that is separated for each partner
• The input of each partner to the attainment of the marital property, inclusive of the input as a homemaker
• The financial conditions of every partner when the property distribution would be effected, inclusive of the wish of the partner to award the family residence or the right to reside in it for reasonable duration to the partner who has the custody of the children

Divorce Papers