Divorce or Separation: What’s Right for You In Kentucky?

serious young couple sitting separate on the couch at home

In Kentucky, couples facing challenges in their marriage have various options, including legal separation and divorce. Each of these choices offers distinct pathways to address their issues. For instance, legal separation serves as a temporary measure that permits couples to live apart while still keeping their marital status intact. In comparison, divorce signifies a definitive legal conclusion to the marriage, dissolving all marital rights and responsibilities. As a result, it is critical for couples considering separation to understand the differences between these two options and choose the best one for them.

The Difference Between Divorce and Separation

In Kentucky, couples considering filing for divorce or legal separation are required to live separately for at least 60 days before a divorce or legal separation can be granted. This separation can occur even if the couple resides in the same home, as long as they do not engage in intimate relations during this time. During these 60 days, either party may file for divorce or legal separation, but cannot get divorced until the expiration of the 60 day “physical” separation. 

Divorce

Divorce, rings and signature on paperwork for a lawyer

The divorce process, known in Kentucky as “dissolution of marriage,” begins with filing a petition in court. The petition must clearly state that the marriage is irretrievably broken and that reconciliation is not possible. During this time, both parties will need to address important matters that arise during divorce proceedings. 

Key issues may include the fair division of marital property and debts, which requires evaluating all assets and liabilities accumulated during the marriage. Additionally, if children are involved, the proceedings will address child custody and support.

Legal Separation

A legal separation acts as a formal cooling-off period for couples, allowing them time and space to evaluate their relationship and make informed decisions about their future.  The parties are still required to submit an agreement or obtain an order divide their property, and establish custody, child support, and maintenance. The legal effect of separation is to sever the financial responsibility the parties have toward one another, except as is agreed or ordered by the Court.  For instance, a legal separation will prevent a spouse from entitled to future obtained assets, such as future contributions to retirement, etc. This option can benefit those who may want to stay married for personal, financial, or religious reasons yet require space to resolve issues or determine the future of their relationship. 

Once the court grants a legal separation, the couple can determine the duration of their separation based on their circumstances.  The parties may choose to either reconcile and continue their marriage or convert the legal separation into a divorce but cannot convert to a divorce for at least one year after the entry of the Decree of Legal Separation. This conversion will involve additional legal steps. 

Which Option Is Right for You?

Deciding if legal separation is the right option for you and your spouse can be a complicated choice without a definitive formula. Couples often consider legal separation for a variety of reasons, including:

  • Possibility of Reconciliation: Some couples believe there is still hope for restoring their relationship. Legal separation allows them to take a step back without making a permanent decision like divorce, providing space to reflect on their marriage and work toward improvement. 
  • Children’s Well-Being: Many couples choose to remain legally separated to maintain a stable family environment for their children. They may believe that preserving the marriage—at least legally—helps shield their children from the emotional distress associated with divorce. 
  • Moral, Religious, or Social Beliefs: For some individuals, divorce conflicts with their personal values, religious convictions, or cultural norms. Legal separation offers a way to live apart while still honoring these beliefs, allowing them to avoid the stigma of divorce within their community. 
  • Tax and Federal Benefit Implications: Couples may have accrued valuable tax benefits or other federal entitlements that could be forfeited with a divorce. Maintaining a legal separation allows them to safeguard these advantages while addressing their needs and living arrangements. 

Contact Us Today To Review Your Options

If you are considering filing for divorce or want to learn more about your options regarding separation, contact Hoffman Walker & Knauf today. Our experienced family law attorneys can review your questions and help you determine the best path forward for your situation.