Property Division Attorneys In Covington
In Kentucky, the property division process is based on an equitable distribution, rather than an even split. But equitable doesn’t always mean that you’ll get everything you wanted as part of the property agreement. Not without help.
We are FH Law, property division attorneys for divorcing couples in Covington and all across Kenton county. We understand the legal realities of pursuing divorce under Kentucky family law and have been on the front lines of property division disputes many, many times. You deserve your fair share of the marital estate, and we’ll help you go after it.
How Kentucky Divides The Marital Estate
The marital estate includes all the property acquired during the marriage – “marital property” – and none of the individually owned assets, also known as “separate property.” These marital assets include all properties, all savings and all contributions to retirement and investment accounts. To make the equitable division in a divorce, the court will look at several factors:
- The length of the marriage: The longer the marriage, the more enmeshed property becomes. A long, 20-year-plus marriage has very few financial ties made outside of the marital estate anymore.
- Relative contributions: This accounts for all your wealth added to the marriage from salary or smart investments. If one partner has contributed a considerable fortune to the marriage, it is not so fair to split that contribution in half.
- Personal resources: If one party to the marriage has considerable family wealth, for example, they would not necessarily need a large portion of the marital estate to survive and move on.
- Age and health: Older divorcing couples can’t start all the way over when the marriage ends, especially if one is in failing health.
The court looks at all these factors and many more to decide what is fair. However, the decision is not made in a vacuum, and we can absolutely make a case for a greater share for you.
Strategies For Property Settlements
The right strategy for your property settlement will depend on what you want out of it. What are your win conditions? If all you’re looking for is the family home, but have no interest in the small business, this could be achieved in negotiation.
However, if your spouse cheated or there was some other violation of the marital contact, we may be able to use that to argue for a better settlement in court.
We’re On Your Side
Property division is stressful and often hotly disputed. We’ll fight for you to get the outcome you want and deserve. Call us at 859-440-2338 or send an email using this online form.