Are you wondering how to determine the date of separation in your Louisville divorce case? Why is the date of separation such an important issue in a Louisville divorce?
Establishing the date of separation in your Louisville divorce case will have a substantial impact on when you will be able to keep what you earn for yourself, the division of marital property and even issues such as maintenance. The “Marital Unit” of a marriage in Kentucky is established from the date of the marriage to the date of separation. With few exceptions, any asset or debt acquired by either or both of the spouses (regardless of who is on title or named on an account) will be considered to be marital property. Marital property is to be divided equally between the parties in a Louisville divorce.
The date of separation also has an impact on the length of the underlying marriage. This can play an important role in determining which portion of an asset (such as a retirement account) is marital property versus which might be the separate property of one of the spouses. The length of the marriage is one of the factors the Court will consider when determining the need for, duration and amount of maintenance. So how do you determine the date of separation in your Louisville divorce case?
Kentucky law establishes the date of separation as the date one spouse expressed that the marriage was “irretrievable” and their intention to end the marriage (or seek a divorce) to the other spouse, and that spouse’s actions from that date forward were consistent with their intent to end the marriage. The parties do not need to move apart, however it may absolutely be in your interest to determine whether it is in your best interest to make this date earlier or later (if you are the one making the decision). It is also important to know how to document this event in order to create evidence to be presented to the Court.
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.
