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Is money acquired during a divorce subject to division

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mynameistaylor

New member
What is the name of your state? KY

Say I filed for divorce Jan 1.
We showed our finances Feb 1.
And our divorce is settled Mar 1.

Is the money I acquired in Jan or Feb subject to division ?
 


mynameistaylor

New member
Showed them to whom? Also, what exactly does "showed our finances" mean?



Depends on the terms of your settlement agreement.
It's a hypothetical question, but say Feb 1 we showed our finances or filled out finances with the court to show our banks, retirements etc
 

Litigator22

Active Member
What is the name of your state? KY

Say I filed for divorce Jan 1.
We showed our finances Feb 1.
And our divorce is settled Mar 1.

Is the money I acquired in Jan or Feb subject to division ?
You need to be more specific as without knowing the source, nature or character of the "money acquired" and/or the terms and conditions of any post nuptial agreement the general nature of your question doesn't lend itself to a definitive answer. But perhaps the following will be helpful:

"All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property, . . . " (Emphasis added) KRS Section 403.190 (3) Also See (2)(c) of said Section.

In short, the mere pending of a divorce proceeding is of no consequence to your question.
 

zddoodah

Active Member
It's a hypothetical question, but say Feb 1 we showed our finances or filled out finances with the court to show our banks, retirements etc
Telling me that your question is hypothetical (which was pretty obvious) doesn't magically make vague terms any less unclear. Nonetheless, it appears that the "show[ing] [of] finances" is irrelevant to whatever question you're asking.

If, as you said, this hypothetical divorce is resolved by a settlement, then, as I explained previously, the division of the spouses' assets will be entirely dependent on the spouses' mutual settlement agreement.

If what you really intended to ask was whether, under KY law, post-filing earnings of the spouses are marital property that are subject to division in a final decree/judgment, then I believe "Litigator22's" citation to KRS section 403.190 provides the answer.
 

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