Kentucky courts decide divorce outcomes based on the child’s best interests for custody, equitable factors for property and alimony, prioritizing fairness over equality. Child custody favors joint arrangements since 2018 reforms, while alimony requires proving need and considers marriage duration. Property divides equitably as marital assets, with courts weighing contributions and circumstances.​
Child Custody
Kentucky presumes joint legal custody, where both parents share major decisions on health, education, and welfare, unless harm is shown. Physical custody (timesharing) starts at 50/50 parenting time under KRS 403.270, adjustable for parental wishes, child age, home distance, work schedules, and abuse history.​
Courts encourage mediation before rulings, with sole custody rare if one parent endangers the child. Recent data shows divorce rates dropped post-2018 shared custody law.​
Alimony (Maintenance)
Alimony awards under KRS 403.200 only if the recipient lacks property for reasonable needs and cannot self-support via work or child care duties. Courts then assess amount and duration using factors like financial resources, education time needed, marriage length, living standard, ages, health, and payer’s ability.​
Temporary, periodic, or lump-sum types exist; ends on death, remarriage, or agreed terms like cohabitation, proven by duration, economic benefit, intent, and shared finances per case law.​
Court Decision Factors
Property divides equitably (not 50/50), classifying marital assets acquired during marriage for fair split considering contributions, economic situations, custody, marriage length, and prenups. Debts follow similar logic.​
Overall, no-fault divorces proceed after 180 days separation (with kids) or 60 days (no kids), favoring settlements via agreements incorporated into decrees.​
SOURCES
[1](https://www.hoffmanlawyer.com/what-is-the-new-custody-law-in-kentucky/)
[2](https://johnschmidtlaw.com/maintenance-aka-spousal-support-and-cohabitation-in-kentucky/)
[3](https://www.employmentlawworldview.com/u-s-department-of-labor-says-gig-economy-workers-are-independent-contractors-not-employees-us/)
[4](https://www.workforcehub.com/hr-laws-and-regulations/louisiana/work-and-labor-classification-laws-in-louisiana/)
[5](https://cordellcordell.com/resources/kentucky/kentucky-child-custody/)
