Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

How adultery affects property division in Kentucky

On Behalf of | Feb 10, 2020 | property division | 0 comments

One of the biggest reasons for the majority of divorces in the country and state is infidelity. But does it only cause an end in marriage or does it further affect other aspects of marriage, such as finances? What happens when a marriage ends as a result of infidelity? Does the couple still receive an equal share of assets after the divorce? The state of Kentucky is a no-fault state.

It means that no one will care about the reason that a couple decides to end their marriage. According to Divorcenet, provided a couple indicates on their divorce paperwork that their marriage is irretrievable, they can get a divorce without breaking a sweat.

But is it the same case when there is property to be divided between the couple? Does it not matter if it is adultery that leads to the end of their marriage? Adultery may not have a significant impact on the decisions made in the division of property after a divorce, but it affects nonetheless. There are several factors that the court will pay attention to when dividing property during a divorce.

A good example is when the cheating spouse uses the marital assets to fund their rendezvous affair or when the spouse decides to gift part of the marital assets to the paramour. Even though Kentucky follows equitable distribution laws, the court takes into account such situations when dividing the assets.

According to Lawyers.com, an online legal website, a judge may choose to punish the cheating spouse by reducing the share of assets they receive. Sometimes, they may decide to take the cheating as a separate issue that does not affect the finances, provided they do not deplete the marital assets.

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Photo of Kenneth L. Gibson Jr.