The Date of Separation in a Louisville divorce is quite important. What makes the Date of Separation so important and how is the Date of Separation established? Does the couple have to physically separate in order for the clock to be started?
A recent update to Kentucky’s family law code clarified the answer to these questions. Let’s begin with why the Date of Separation in a Louisville divorce is quite important. The Date of Separation establishes the point in time where a spouses “earnings and accumulations” are no longer considered to be “marital property” under Kentucky law. Any money or “accumulations” realized from that point forward is considered to be “separate property” and are not usually subject to division under Kentucky’s marital property laws.
The Date of Separation in a Louisville divorce is quite important in determining the length of the actual marriage. The length of the marriage is often a factor in issues such as maintenance.
Establishing the Date of Separation in a Louisville divorce used to require at least one of the spouses to have a specific intent to end the marriage and the parties had to be physically residing in separate residences.
Kentucky family law now defines the Date of Separation as “an irretrievable breakdown in the marital relationship” as evidenced by both of the following:
(1) The spouse has expressed to the other spouse his or her intent to end the marriage.
(2) The conduct of the spouse is consistent with his or her intent to end the marriage. The former spouses must be “living apart” (refraining from intimate contact and paying their own share of expenses) for 60 days.
The court must take into account “all relevant evidence” in making the determination.
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.