DEBTS

Believe it or not, there is no specific statute in Kentucky which tells the court how to divide marital debts. Generally, the debt "follows" the asset.

The debt on the car or the house goes with whoever gets the vehicle or the residence. Remaining debts are usually divided as equally as possible. As you would expect, the spouse with the greater income often ends up with greater debt.

A pendente lite ("temporary") action to limit the accumulation of new credit and debts should be seriously considered.

Very simply, if you want or need debts assigned, you must provide the documentation to support your proposed assignments.

In some cases, it may be very appropriate for your lawyer to immediately notify creditors about your divorce proceedings. Even if the debts are assigned, there may be important actions possible to ensure their actual payment and your protection.