Kentucky law
Family Laws in Kentucky.
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
State law
Statute of Limitations
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.
State law
Key Kentucky Statutes
"Irretrievable breakdown of the marriage" is the sole ground for divorce in Kentucky. No fault-based grounds exist.
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).
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).
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%).
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).
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Kentucky.
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