Ky. Rev. Stat. » Chapter 403
Kentucky Revised Statutes

Ky. Rev. Stat. § 403.190 (2026)

Disposition of property

✓ current as of May 2026
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(1) In a proceeding for dissolution of the marriage or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall assign each spouse's property to him. It also shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors including: (a) Contribution of each spouse to acquisition of the marital property, including contribution of a spouse as homemaker; (b) Value of the property set apart to each spouse; (c) Duration of the marriage; and (d) Economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children. (2) For the purpose of this chapter, "marital property" means all property acquired by either spouse subsequent to the marriage except: (a) Property acquired by gift, bequest, devise, or descent during the marriage and the income derived therefrom unless there are significant activities of either spouse which contributed to the increase in value of said property and the income earned therefrom; (b) Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (c) Property acquired by a spouse after a decree of legal separation; (d) Property excluded by valid agreement of the parties; and (e) The increase in value of property acquired before the marriage to the extent that such increase did not result from the efforts of the parties during marriage. (3) All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community property. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in subsection (2) of this section. (4) If the retirement benefits of one spouse are excepted from classification as marital property, or not considered as an economic circumstance during the division of marital property, then the retirement benefits of the other spouse shall also be excepted, or not considered, as the case may be. However, the level of exception provided to the spouse with the greater retirement benefit shall not exceed the level of exception provided to the other spouse. Retirement benefits, for the purposes of this subsection shall include retirement or disability allowances, accumulated contributions, or any other benefit of a retirement system or plan regulated by the Employees Retirement Income Security Act of 1974, or of a public retirement system administered by an agency of a state or local government, including deferred compensation plans created pursuant to KRS 18A.230 to 18A.275 or defined contribution or money purchase plans qualified under Section 401(a) of the Internal Revenue Code of 1954, as amended. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 328, secs. 1 and 2, effective July 15, 1996. -- Amended 1986 Ky. Acts ch. 441, sec. 1, effective July 15, 1986. -- Created 1972 Ky. Acts ch. 182, sec. 9. Legislative Research Commission Note (7/15/96). This section was amended by 1996 Ky. Acts ch. 328, secs. 1 and 2 which do not appear to be in conflict and have been codified together.

Notes of Decisions
Cited in 278 cases (99 in the last 5 years), 1973–2026 · leading case: Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001).
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Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001). · cites it 46× “Bodie : [7] We cannot accept the argument that KRS 403.190 creates a presumption that all debts acquired during the marriage are marital debts.”
Travis v. Travis, 59 S.W.3d 904 (Ky. 2001). · cites it 48× “KRS 403.190. This case is reversed and remanded for proceedings consistent with this opinion.”
Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004). · cites it 26× “The disposition of parties’ property in a dissolution-of-marriage action is governed by KRS 403.190, 13 and neither record title 14 nor the form in which it is held, e.”
Terwilliger v. Terwilliger, 64 S.W.3d 816 (Ky. 2002). · cites it 42× “While the word does not appear in the statute, judicial construction of KRS 403.190 has given rise to the concept of "tracing.”
Hunter v. Hunter, 127 S.W.3d 656 (Ky. Ct. App. 2003). · cites it 19× “In Angel , the court held that a tract of land conveyed to the divorcing parties by the brother of the wife without any consideration was a gift that should have been treated as the wife’s nonmarital property under KRS 403.190. Id. at 665 . The court noted that under KRS 403.”
Barber v. Bradley, 505 S.W.3d 749 (Ky. 2016). · cites it 11× “The disposition of property in a dissolution of marriage action is governed by KRS 403.190. Under KRS 403.190(1) the trial court is instructed to characterize each item of property as either marital or nonmarital.”
Holman v. Holman, 84 S.W.3d 903 (Ky. 2002). · cites it 22× “" [10] Under Kentucky's statutory scheme for the distribution of property at dissolution, the trial court must first categorize each item of property as either marital or nonmarital under the framework embodied in KRS 403.190: "[M]arital property" means all property acquired by…”
Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990). · cites it 19× “The rule against antenuptial contracts which fix the parties' rights in the event of divorce also, of course, protects the public's interest in insuring that divorce does not leave one spouse destitute or dependent upon the state for support.”
McGowan v. McGowan, 663 S.W.2d 219 (Ky. Ct. App. 1983). · cites it 16× “On the contrary, we believe that the marital property statute, KRS 403.190, and the maintenance statute, KRS 403.”
Waggoner v. Waggoner, 846 S.W.2d 704 (Ky. 1992). · cites it 15× “700(2) excluded contributions to TRS from consideration as an "economic circumstance" in the classification of marital property pursuant to KRS 403.190. Appellant claimed facts surrounding her TRS contributions were inadmissible under CR 26.”
Shown v. Shown, 233 S.W.3d 718 (Ky. 2007). · cites it 28× “KRS 403.190; Holman v. Holman, 84 S.W.3d 903, 907 (Ky.”
Allison v. Allison, 246 S.W.3d 898 (Ky. Ct. App. 2008). · cites it 13× “” Thus, he concludes that “[bjecause this is nothing more than an exchange of non-marital property, KRS 403.190 demands that 100% of ABS be attributed to John as non-marital property.”
Show all 278 citing cases →
— Ky. Rev. Stat. § 403.190(1) — 111 cases
Terwilliger v. Terwilliger, 64 S.W.3d 816 (Ky. 2002). “While the word does not appear in the statute, judicial construction of KRS 403.190 has given rise to the concept of "tracing.”
Barber v. Bradley, 505 S.W.3d 749 (Ky. 2016). “The disposition of property in a dissolution of marriage action is governed by KRS 403.190. Under KRS 403.190(1) the trial court is instructed to characterize each item of property as either marital or nonmarital.”
McGowan v. McGowan, 663 S.W.2d 219 (Ky. Ct. App. 1983). “On the contrary, we believe that the marital property statute, KRS 403.190, and the maintenance statute, KRS 403.”
Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004). “The disposition of parties’ property in a dissolution-of-marriage action is governed by KRS 403.190, 13 and neither record title 14 nor the form in which it is held, e.”
Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001). “Bodie : [7] We cannot accept the argument that KRS 403.190 creates a presumption that all debts acquired during the marriage are marital debts.”
— Ky. Rev. Stat. § 403.190(1)(a) — 17 cases
Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001). “Bodie : [7] We cannot accept the argument that KRS 403.190 creates a presumption that all debts acquired during the marriage are marital debts.”
Polley v. Allen, 132 S.W.3d 223 (Ky. Ct. App. 2004).
Keith v. Keith, 556 S.W.3d 10 (Ky. Ct. App. 2018).
McGowan v. McGowan, 663 S.W.2d 219 (Ky. Ct. App. 1983). “On the contrary, we believe that the marital property statute, KRS 403.190, and the maintenance statute, KRS 403.”
Lisa Thielmeier v. Kenneth Thielmeier (Ky. Ct. App. 2021).
— Ky. Rev. Stat. § 403.190(1)(b) — 4 cases
Travis Yates v. Rebecca Yates (Ky. Ct. App. 2022).
Brittany Layne Adair v. Brandon Lee Adair (Ky. Ct. App. 2023).
Michael Scott Adkins v. Allison Thomas Adkins (Ky. Ct. App. 2025).
Bridgett F. Wells v. Brian C. Wells (Ky. Ct. App. 2026).
— Ky. Rev. Stat. § 403.190(1)(c) — 1 case
Bridgett F. Wells v. Brian C. Wells (Ky. Ct. App. 2026).
— Ky. Rev. Stat. § 403.190(1)(d) — 13 cases
Holman v. Holman, 84 S.W.3d 903 (Ky. 2002). “" [10] Under Kentucky's statutory scheme for the distribution of property at dissolution, the trial court must first categorize each item of property as either marital or nonmarital under the framework embodied in KRS 403.190: "[M]arital property" means all property acquired by…”
McGowan v. McGowan, 663 S.W.2d 219 (Ky. Ct. App. 1983). “On the contrary, we believe that the marital property statute, KRS 403.190, and the maintenance statute, KRS 403.”
Waggoner v. Waggoner, 846 S.W.2d 704 (Ky. 1992). “700(2) excluded contributions to TRS from consideration as an "economic circumstance" in the classification of marital property pursuant to KRS 403.190. Appellant claimed facts surrounding her TRS contributions were inadmissible under CR 26.”
Brooks v. Brooks, 350 S.W.3d 823 (Ky. Ct. App. 2011).
Wency Shaida v. Punam Shaida (Ky. Ct. App. 2021).
— Ky. Rev. Stat. § 403.190(2) — 86 cases
Hunter v. Hunter, 127 S.W.3d 656 (Ky. Ct. App. 2003). “In Angel , the court held that a tract of land conveyed to the divorcing parties by the brother of the wife without any consideration was a gift that should have been treated as the wife’s nonmarital property under KRS 403.190. Id. at 665 . The court noted that under KRS 403.”
Travis v. Travis, 59 S.W.3d 904 (Ky. 2001). “KRS 403.190. This case is reversed and remanded for proceedings consistent with this opinion.”
Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004). “The disposition of parties’ property in a dissolution-of-marriage action is governed by KRS 403.190, 13 and neither record title 14 nor the form in which it is held, e.”
Terwilliger v. Terwilliger, 64 S.W.3d 816 (Ky. 2002). “While the word does not appear in the statute, judicial construction of KRS 403.190 has given rise to the concept of "tracing.”
Holman v. Holman, 84 S.W.3d 903 (Ky. 2002). “" [10] Under Kentucky's statutory scheme for the distribution of property at dissolution, the trial court must first categorize each item of property as either marital or nonmarital under the framework embodied in KRS 403.190: "[M]arital property" means all property acquired by…”
— Ky. Rev. Stat. § 403.190(2)(a) — 26 cases
Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004). “The disposition of parties’ property in a dissolution-of-marriage action is governed by KRS 403.190, 13 and neither record title 14 nor the form in which it is held, e.”
Travis v. Travis, 59 S.W.3d 904 (Ky. 2001). “KRS 403.190. This case is reversed and remanded for proceedings consistent with this opinion.”
Barber v. Bradley, 505 S.W.3d 749 (Ky. 2016). “The disposition of property in a dissolution of marriage action is governed by KRS 403.190. Under KRS 403.190(1) the trial court is instructed to characterize each item of property as either marital or nonmarital.”
Holman v. Holman, 84 S.W.3d 903 (Ky. 2002). “" [10] Under Kentucky's statutory scheme for the distribution of property at dissolution, the trial court must first categorize each item of property as either marital or nonmarital under the framework embodied in KRS 403.190: "[M]arital property" means all property acquired by…”
Allison v. Allison, 246 S.W.3d 898 (Ky. Ct. App. 2008). “” Thus, he concludes that “[bjecause this is nothing more than an exchange of non-marital property, KRS 403.190 demands that 100% of ABS be attributed to John as non-marital property.”
— Ky. Rev. Stat. § 403.190(2)(b) — 21 cases
Travis v. Travis, 59 S.W.3d 904 (Ky. 2001). “KRS 403.190. This case is reversed and remanded for proceedings consistent with this opinion.”
Allison v. Allison, 246 S.W.3d 898 (Ky. Ct. App. 2008). “” Thus, he concludes that “[bjecause this is nothing more than an exchange of non-marital property, KRS 403.190 demands that 100% of ABS be attributed to John as non-marital property.”
Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004). “The disposition of parties’ property in a dissolution-of-marriage action is governed by KRS 403.190, 13 and neither record title 14 nor the form in which it is held, e.”
Brewick v. Brewick, 121 S.W.3d 524 (Ky. Ct. App. 2003).
Chenault v. Chenault, 799 S.W.2d 575 (Ky. 1990).
— Ky. Rev. Stat. § 403.190(2)(c) — 4 cases
Scott William Mitchell v. Cher Beilfuss Mitchell (Ky. Ct. App. 2025).
Scott Williams Mitchell v. Cher Beilfuss Mitchell (Ky. Ct. App. 2025).
Marcia Ann Dall v. Roger Wayne Dall (Ky. Ct. App. 2024).
James Lawrence Davis v. Ann Marie Davis (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 403.190(2)(d) — 5 cases
Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990). “The rule against antenuptial contracts which fix the parties' rights in the event of divorce also, of course, protects the public's interest in insuring that divorce does not leave one spouse destitute or dependent upon the state for support.”
Heskett v. Heskett, 245 S.W.3d 222 (Ky. Ct. App. 2008).
Edwardson v. Edwardson, 798 S.W.2d 941 (Ky. 1990).
Bratcher v. Bratcher, 26 S.W.3d 797 (Ky. Ct. App. 2000).
Raymond Edward Rhorer v. Diana L. Rhorer (Ky. Ct. App. 2024).
— Ky. Rev. Stat. § 403.190(2)(e) — 16 cases
Travis v. Travis, 59 S.W.3d 904 (Ky. 2001). “KRS 403.190. This case is reversed and remanded for proceedings consistent with this opinion.”
Jones v. Jones, 245 S.W.3d 815 (Ky. Ct. App. 2008).
Smith v. Smith, 450 S.W.3d 729 (Ky. Ct. App. 2014).
Brandenburg v. Brandenburg, 617 S.W.2d 871 (Ky. Ct. App. 1981).
In re Marriage of Preston, 402 N.E.2d 332 (Ill. App. Ct. 1980).
— Ky. Rev. Stat. § 403.190(3) — 76 cases
Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001). “Bodie : [7] We cannot accept the argument that KRS 403.190 creates a presumption that all debts acquired during the marriage are marital debts.”
Terwilliger v. Terwilliger, 64 S.W.3d 816 (Ky. 2002). “While the word does not appear in the statute, judicial construction of KRS 403.190 has given rise to the concept of "tracing.”
Travis v. Travis, 59 S.W.3d 904 (Ky. 2001). “KRS 403.190. This case is reversed and remanded for proceedings consistent with this opinion.”
Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004). “The disposition of parties’ property in a dissolution-of-marriage action is governed by KRS 403.190, 13 and neither record title 14 nor the form in which it is held, e.”
Hunter v. Hunter, 127 S.W.3d 656 (Ky. Ct. App. 2003). “In Angel , the court held that a tract of land conveyed to the divorcing parties by the brother of the wife without any consideration was a gift that should have been treated as the wife’s nonmarital property under KRS 403.190. Id. at 665 . The court noted that under KRS 403.”
— Ky. Rev. Stat. § 403.190(4) — 11 cases
Shown v. Shown, 233 S.W.3d 718 (Ky. 2007). “KRS 403.190; Holman v. Holman, 84 S.W.3d 903, 907 (Ky.”
Holman v. Holman, 84 S.W.3d 903 (Ky. 2002). “" [10] Under Kentucky's statutory scheme for the distribution of property at dissolution, the trial court must first categorize each item of property as either marital or nonmarital under the framework embodied in KRS 403.190: "[M]arital property" means all property acquired by…”
Boone v. Ballinger, 228 S.W.3d 1 (Ky. Ct. App. 2007).
Waggoner v. Waggoner, 846 S.W.2d 704 (Ky. 1992). “700(2) excluded contributions to TRS from consideration as an "economic circumstance" in the classification of marital property pursuant to KRS 403.190. Appellant claimed facts surrounding her TRS contributions were inadmissible under CR 26.”
Brooks v. Brooks, 350 S.W.3d 823 (Ky. Ct. App. 2011).
— Ky. Rev. Stat. § 403.190(S) — 1 case
Mattingly v. Fidanza, 411 S.W.3d 250 (Ky. Ct. App. 2013).
— Ky. Rev. Stat. § 403.190(l)(a) — 14 cases
Barber v. Bradley, 505 S.W.3d 749 (Ky. 2016). “The disposition of property in a dissolution of marriage action is governed by KRS 403.190. Under KRS 403.190(1) the trial court is instructed to characterize each item of property as either marital or nonmarital.”
Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004). “The disposition of parties’ property in a dissolution-of-marriage action is governed by KRS 403.190, 13 and neither record title 14 nor the form in which it is held, e.”
Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001). “Bodie : [7] We cannot accept the argument that KRS 403.190 creates a presumption that all debts acquired during the marriage are marital debts.”
Hunter v. Hunter, 127 S.W.3d 656 (Ky. Ct. App. 2003). “In Angel , the court held that a tract of land conveyed to the divorcing parties by the brother of the wife without any consideration was a gift that should have been treated as the wife’s nonmarital property under KRS 403.190. Id. at 665 . The court noted that under KRS 403.”
In Re Smither, 194 B.R. 102 (Bankr. W.D. Ky. 1996).
— Ky. Rev. Stat. § 403.190(l)(aHd) — 1 case
Reeves v. Reeves, 753 S.W.2d 301 (Ky. Ct. App. 1988).
— Ky. Rev. Stat. § 403.190(l)(d) — 6 cases
McGowan v. McGowan, 663 S.W.2d 219 (Ky. Ct. App. 1983). “On the contrary, we believe that the marital property statute, KRS 403.190, and the maintenance statute, KRS 403.”
Boone v. Ballinger, 228 S.W.3d 1 (Ky. Ct. App. 2007).
Shown v. Shown, 233 S.W.3d 718 (Ky. 2007). “KRS 403.190; Holman v. Holman, 84 S.W.3d 903, 907 (Ky.”
Brooks v. Brooks, 350 S.W.3d 823 (Ky. Ct. App. 2011).
Turner v. Turner, 908 S.W.2d 124 (Ky. Ct. App. 1995).
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