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Kentucky vs. Indiana: Understanding property division in divorce

On Behalf of | May 29, 2024 | Firm News

When a marriage ends in divorce, figuring out who gets what can be one of the most challenging parts. If you are in Kentucky or Indiana, it’s essential to know how the laws in these states handle the division of property.

What property will the court divide in divorce?

Both Kentucky and Indiana distinguish between marital property and separate property. Marital property includes most of the property, savings and debt you and your spouse acquired during your marriage. This is true regardless of whose name is on the title.

Separate property is what you owned before the marriage. It also includes property that one spouse inherited or received as a gift during the marriage. Separate property typically remains with the original owner, but it can get complicated if separate property has been mixed with marital property.

How do Kentucky courts approach property division?

Kentucky uses a system called “equitable distribution.” This does not mean things are split 50/50. Instead, it means the court divides property in a way that is fair.

To decide what’s fair, a Kentucky court will consider several factors. These factors include each spouse’s contributions to the marriage, the value of their individual property, the length of the marriage and their circumstances after divorce.

What about Indiana courts?

Like Kentucky, Indiana follows the equitable distribution model, but with a twist. The default starting point in Kentucky is to divide marital property equally.

However, the spouses involved in the divorce can present evidence that equal division is not reasonable in their situation. Some of the factors that may influence the court to shift from this 50/50 starting point include:

  • Each spouse’s ability to support themselves
  • Each party’s behavior during the marriage
  • Each spouse’s financial situation after the court divides their property, including their separate property

No matter where you live, it is possible to reach a fair outcome during property division that protects your financial well-being after divorce.