{"data":{"id":"us-ky/krs-403.190","jurisdiction":"us-ky","citation":"KRS 403.190","heading":"Disposition of property.","body":"(1) In a proceeding for dissolution of the marriage or for legal separation, or in a\nproceeding for disposition of property following dissolution of the marriage by a\ncourt which lacked personal jurisdiction over the absent spouse or lacked\njurisdiction to dis pose of the property, the court shall assign each spouse's property\nto him. It also shall divide the marital property without regard to marital misconduct\nin just proportions considering all relevant factors including:\n(a) Contribution of each spouse to ac quisition of the marital property, including\ncontribution of a spouse as homemaker;\n(b) Value of the property set apart to each spouse;\n(c) Duration of the marriage; and\n(d) Economic circumstances of each spouse when the division of property is to\nbecome effective, including the desirability of awarding the family home or\nthe right to live therein for reasonable periods to the spouse having custody of\nany children.\n(2) For the purpose of this chapter, \"marital property\" means all property acquired by\neither spouse subsequent to the marriage except:\n(a) Property acquired by gift, bequest, devise, or descent during the marriage and\nthe income derived therefrom unless there are significant activities of either\nspouse which contributed to the increase in value o f said property and the\nincome earned therefrom;\n(b) Property acquired in exchange for property acquired before the marriage or in\nexchange for property acquired by gift, bequest, devise, or descent;\n(c) Property acquired by a spouse after a decree of legal separation;\n(d) Property excluded by valid agreement of the parties; and\n(e) The increase in value of property acquired before the marriage to the extent\nthat such increase did not result from the efforts of the parties during\nmarriage.\n(3) All property acquired by either spouse after the marriage and before a decree of\nlegal separation is presumed to be marital property, regardless of whether title is\nheld individually or by the spouses in some form of co -ownership such as joint\ntenancy, tenancy in common, tenancy by the entirety, and community property. The\npresumption of marital property is overcome by a showing that the property was\nacquired by a method listed in subsection (2) of this section.\n(4) If the retirement benefits of one spouse are excepted from classification as marital\nproperty, or not considered as an economic circumstance during the division of\nmarital property, then the retirement benefits of the other spouse shall also be\nexcepted, or not considered, as the case may be. However, the lev el of exception\nprovided to the spouse with the greater retirement benefit shall not exceed the level\nof exception provided to the other spouse. Retirement benefits, for the purposes of\nthis subsection shall include retirement or disability allowances, acc umulated\ncontributions, or any other benefit of a retirement system or plan regulated by the\nEmployees Retirement Income Security Act of 1974, or of a public retirement\nsystem administered by an agency of a state or local government, including deferred\ncompensation plans created pursuant to KRS 18A.230 to 18A.275 or defined\ncontribution or money purchase plans qualified under Section 401(a) of the Internal\nRevenue Code of 1954, as amended.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1452","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"d21069e83c90ddc0088923fee75da8f2f56625357c6cdf9888e01e93aa0d4aa5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.180","next":"us-ky/krs-403.200"},"notice":"GroundRules: Original legal text. Not legal advice."}