In Kentucky, spouses may be surprised to learn that, if they divorce, their property may not be split 50/50 if the judge has a good reason to grant one partner a greater portion of the marital assets than the other. What types of situations might lead to an uneven (but equitable) division of property in a Kentucky divorce?
One factor the judge may consider when dividing property in a divorce is what each partner did to contribute to the property. For example, if the couple owned a house, who paid for it? Who did the work and paid for upkeep?
In addition, usually inheritances will be retained by the spouse they were granted to after a divorce. Moreover, sometimes spouses are in very different economic circumstances when their marriage ends. For example, one spouse may earn a significantly higher salary than the other, while the other stayed out of the workforce while married. This could also factor into property division.
Also, in some circumstances the spouse who is awarded child custody will also be awarded the family home. If this is the case, the other spouse may be given other property to compensate.
Finally, sometimes if a spouse intentionally destroys an asset or lets it go to waste, this type of behavior could also lead a judge to grant one partner more of the marital property than the other.
There are many types of marital property, such as bank accounts, homes, furniture, electronics and others. They all need to be divided in the event of a divorce. How they will be divided depends on the laws of the state where the couple is divorcing. In Kentucky, this is done through equitable division. A Kentucky divorce attorney can educate individuals further about the property division laws in their state.