Even if a couple enters into a prenuptial agreement before marriage, the process of planning a divorce may prove that the agreement is invalid. If the agreement is not written fairly, one spouse or the other may successfully challenge it and secure different terms. In...
Property Division
What is equitable property division in divorce?
Here in Kentucky, we use equitable distribution guidelines to govern how couples split their assets and liabilities when they choose to divorce. Unlike several other states like Texas, New Mexico and California, which require spouses to split up their marital property...
Do you know what counts as your marital property?
Until a marriage begins to fall apart, many spouses see no reason to concern themselves with which of them legally owns what. After all, part of the appeal of marriage is the "what's mine is yours and what's yours is mine" aspect of the relationship. Unfortunately,...
Keeping your pet in the divorce
If you own a pet, you understand that they are as much a part of the family as you or your spouse or your children. In fact, to many spouses, pets are the de facto children in the marriage. This can make divorces especially difficult when it comes time to decide who...
How can I keep a pet in a divorce?
If you and your spouse have decided its time to draw up papers and move forward with your divorce, reaching fair agreements about property division can be one of the most difficult aspects of the process. Even more difficult than determining who keeps the car and who...
Cohabitation agreements versus prenuptial agreements
If you and your partner live together before or instead of getting married, it is wise to consider creating a cohabitation agreement that outlines who gets what pieces of property and how you'll divide commingled funds if you split up. Unfortunately, many people...
Protecting inheritances in divorce
When you set about negotiating a fair division of property in divorce, you may worry that your inheritance is in danger of getting divided like the rest of your property. Fortunately, inheritances generally enjoy an extra layer of protection from property division,...
Will divorce derail my retirement?
As many Kentucky couples know, finances are one of the leading concerns of both spouses during a divorce. If you have concerns about your financial security after your marriage is over, you are not alone. Your financial future is an important factor to consider in any...
Dealing with a mortgage in a divorce
When two people divorce, the split will always be personal — after all, you're dissolving a serious relationship. However, the law is innately impersonal, and treats your marriage like a business relationship. Because of the official nature of your personal...
What counts as marital property?
Many couples, swept along by the tide of expectation and hopeful feelings, do not enter into marriage with a solid grasp on exactly what being married does, and what marital property is. In the eyes of the law, marriage is very much a business contract, meaning that...