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Kentucky Family Laws

Kentucky is a purely no-fault divorce state — the only ground is "irretrievable breakdown." A 60-day separation is required before final decree. Kentucky made history in 2018 as the first state to establish a statutory presumption of joint custody and equal parenting time. Property is divided by equitable distribution, and spousal maintenance has no formula — it is purely discretionary. The state uses the income shares model for child support with parenting time adjustments.

Last verified: 2026-02-25

Statute of Limitations

180-day residency; 60-day separationKRS 403.140, 403.170

At least one spouse must have been a Kentucky resident for 180 days before filing. The parties must have lived apart for at least 60 days before the court can enter a final decree. Military personnel stationed in Kentucky qualify for residency.

Key Kentucky Statutes

No-Fault Divorce OnlyKRS 403.170

"Irretrievable breakdown of the marriage" is the sole ground for divorce in Kentucky. No fault-based grounds exist.

Property Division (Equitable Distribution)KRS 403.190

Marital property is divided in a "just" manner — not necessarily equally. Marital property includes all assets acquired during marriage regardless of title. Non-marital property includes pre-marriage assets, gifts, and inheritances. The court considers duration of marriage, economic circumstances, and contributions (including homemaker contributions).

Equal Parenting Time PresumptionKRS 403.270

Since July 14, 2018, Kentucky has a presumption of joint custody and equal parenting time — the first state to enact this. Rebuttable by preponderance of evidence. Does not apply when a domestic violence order has been entered (KRS 403.315).

Child Support (Income Shares)KRS 403.212, 403.2121

Kentucky uses the income shares model based on combined gross income. KRS 403.2121 (effective March 31, 2023) adjusts support based on court-ordered parenting time that is consistently exercised. A 10% change in the calculated support amount qualifies as a substantial change in circumstances (reduced from 15%).

Spousal MaintenanceKRS 403.200

No formula — purely discretionary. The requesting spouse must show (1) they lack sufficient property to meet reasonable needs AND (2) they are unable to support themselves through employment. Three types: temporary (pendente lite), rehabilitative (limited duration), and permanent (long-term marriages).

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Kentucky Legislature — Domestic Relations. For advice about your specific situation, consult a licensed attorney.

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