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What does the court consider when dividing your marital property?

On Behalf of | May 30, 2022 | Divorce

If you and your soon-to-be ex-spouse cannot reach an agreement on your own and have no prior arrangement, the court will have the final say in what happens to your property. During your marriage, you and your spouse likely accumulated money, personal items and property that you shared. Should you divorce, however, those assets you share must get split into just proportions.

Since just does not mean equal, you may find it helpful to understand how the court will go about dividing your marital property.

Contributing factors

Kentucky state law lays out the factors the court will take into account in dividing your shared assets during your divorce case. These considerations include the following:

  • The duration of your marriage
  • The value of the property getting set aside for each of you
  • The impact of the property division on each of your economic circumstances

The court will also look at the contributions you and your former spouse made to amassing your shared property during your marriage, including you or your ex staying home with the children or as a homemaker.

Factors having no bearing

Not all issues relating to your marriage and divorce will play into the judge’s decision about the division of your shared assets. Rather, the judge will give no weight to factors such as marital misconduct by you or your former spouse. For example, infidelity on either side will not impact the shares of marital property the judge decides to award to you or your ex.

For many couples at the end of their marriage, communication and agreeing on things carry substantial challenges. Therefore, you may consider options such as working with a legal representative to help look out for your rights and interests throughout the process.