Legal Question in Family Law in Kentucky
divorce
i was told by a lawyer here in ky. if my husband of 30 some years and i seperated and divorced that i could not take half of what we owned if i was the one who left the home even though he verbally abuses me constantly is this true?
2 Answers from Attorneys
Re: divorce
Kentucky recognizes that all assets which come into a marriage, with certain limited exceptions, constitute "marital property." Upon legal separation or divorce, all such assets must be divided "equitably." There is no hard and fast definition of "equitable," but 50-50 is a good starting point. Because of considerations of specific circumstances, the court might approve non-50-50 arrangements, but they must still be "equitable." Thus, 60-40 might be ok, but 80-20 not. Good luck.
Re: divorce
Mr. Kasdan is correct. In order to receive a divorce, you must be separated. Who leaves who should not affect the property allocation that way. Entitlement to maintenance (alimony) may be depending upon the circumstances leading to the split but htis is not a hard and fast rule either. All of the cases are different.
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