In Kentucky, debts accumulated during the marriage are treated differently than assets acquired during the marriage. Unlike assets, there is no statutory presumption that debts accumulated during the marriage are marital.
To determine if a debt is marital or non-marital, courts look to the following factors:
(1) who received the benefits for which the debt was incurred;
(2) the extent of participation of each party in incurring the debt;
(3) whether the debt was incurred to acquire assets that are designated as marital
property;
(4) whether the debt was necessary to provide for the maintenance and support of
the family; and
(5) the economic status of each party. Where one party has a much higher earning
potential than the other, the court may assign the debt to the party who has the
ability to pay.
The court will consider all the circumstances surrounding the debt, and no one factor is determinative. Thus, the division of debts is often complex, and it is important to consult with an experienced family law attorney.
