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
Guided help
Ask about a family law deadline, right, or next step.
Keep the question grounded in Kentucky. FlowLawyers can route you to the statute section, legal aid, attorney search, or a guided workflow when one fits.
Fast paths
The law sections below preserve the citations and source links. Use guided help when you need to move from reading the rule to choosing what to do next.
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.
More in Kentucky
Other state law topics.
Personal Injury Laws·Criminal Defense Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws