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In Kentucky, how long do you have to be married before the ex husband has to share his retirement with the ex wife?

Paducah, KY |

They have been married for 13 years and have a 6 year old. the wife took care of everything and says the husband has $100,000 in his retirement. The are both in their mid 30s.

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Attorney answers 1


The law that controls the division of property in a Kentucky divorce is KRS 403.190, which states that "marital property" should be divided "in just proportions" considering several factors. "Marital property" generally means all property acquired by either spouse subsequent to the marriage. Therefore, a wife who has only been married to her husband for even a very short period of time may be able to make a marital claim on his retirement benefits that were earned during the marriage.

In addition to obtaining an attorney to help you through the process, you could also call the plan administrator for the husband's retirement plan to see if there are any additional rules or benefits of which the wife should be aware.

As stated in the response, you should consult with a local attorney experienced in divorce matters as no attorney-client relationship is established on this site.

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