Kentucky Divorce Is Not 50/50: The Critical 2026 Dall Ruling

Is a Kentucky Divorce a 50/50 Split?

It is one of the first questions we hear when a client begins a Kentucky divorce, and the Supreme Court of Kentucky has now answered it again. Kentucky is an equitable distribution state, not a community property state. That means there is no rule that each spouse walks away with exactly half.

Instead, KRS 403.190(1) directs the trial court to divide marital property “in just proportions” after considering all relevant factors, including:

• each spouse’s contribution to acquiring the marital property, including contribution as a homemaker;
• the value of the property set apart to each spouse;
• the duration of the marriage; and
• each spouse’s economic circumstances when the division takes effect.

Just proportions can mean an equal split. It can also mean 55/45, 60/40, or something else entirely. What it cannot mean, after Dall, is a starting assumption that the marital estate gets cut down the middle. You can read the full text of KRS 403.190 online.

What Happened in Dall v. Dall?

The Dalls were married for thirty eight (38) years. Over the course of the marriage, the wife built an executive career that moved the family through several states and ultimately to Louisville, where she became Chief Financial Officer of Churchill Downs Incorporated.

The husband resigned from his own position with each move. In 2002, he left the workforce entirely to stay home with the children and never returned to outside employment.

The parties separated in February 2020, and the wife filed for divorce in Jefferson Family Court. By the time of trial in late 2022, the marital estate had grown from about $11.9 million to about $19.2 million, largely through the wife’s compensation.

The wife asked for sixty percent (60%) of the estate. The husband asked for an equal division and $44,000 per month in maintenance. The family court divided the entire estate equally, reasoning that the General Assembly intended spouses who function as a “commingled unit” to leave the marriage on equal footing. It also awarded the husband $15,000 per month in maintenance until the wife turns sixty five (65) or retires, whichever is later.

The Court of Appeals largely affirmed. The Supreme Court of Kentucky granted discretionary review and reversed in a five to two (5 to 2) decision written by Justice Goodwine.

A note on our role: Bowman Legal did not represent either party in Dall v. Dall. This update is based solely on the Supreme Court’s published opinion.

What the Supreme Court Decided About Kentucky Divorce Property Division

1. There is no presumption of a 50/50 divorce in Kentucky

The Court held that the family court erred by reading legislative intent into KRS 403.190 to presume equality. Because the statute is unambiguous, trial courts must apply its plain language.

Relying on Herron v. Herron, 573 S.W.2d 342 (Ky. 1978), and Gaskill v. Robbins, 282 S.W.3d 306 (Ky. 2009), the Court confirmed that equal division is never the default. The error was reversible here because the family court’s own language, including a finding about the husband’s “right to an equal division,” showed that the presumption drove the result.

2. Property acquired after separation is still marital property

Many clients are surprised to learn that moving out does not stop the marital clock in a Kentucky divorce. Under KRS 403.190(2) and Stallings v. Stallings, 606 S.W.2d 163 (Ky. 1980), property acquired after a physical separation remains marital property until the decree is entered, unless a statutory exception applies.

In Dall, that meant more than $7 million in growth after the separation was marital property subject to division.

3. Contributions during the separation matter, but they do not control

The wife argued that the husband should not share in her post separation earnings because he contributed nothing to them during the separation. The Court rejected the idea that this factor is decisive.

Trial courts must consider whether a spouse helped the other acquire marital property, including during the separation, but no single factor carries decisive weight. In a long marriage, a spouse’s earlier sacrifices, such as giving up a career, can still be weighed.

4. Maintenance requires findings about the property each spouse receives

Under KRS 403.200(1), a court may award maintenance only if it first finds that the requesting spouse lacks sufficient property, including the marital property apportioned to him or her, to meet reasonable needs, and cannot support himself or herself through appropriate employment.

The family court in Dall did not account for the substantial property it had awarded the husband. On remand, it must make findings on both requirements before any maintenance can be ordered.

How Marital Property Is Divided in a Kentucky Divorce

Dall fits within a three (3) step framework that Kentucky courts have applied for decades. The Supreme Court described it again in this opinion, drawing on Travis v. Travis, 59 S.W.3d 904 (Ky. 2001), and Thielmeier v. Thielmeier, 664 S.W.3d 563 (Ky. 2022).

Step one: classify each asset as marital or nonmarital

Under KRS 403.190(3), property acquired by either spouse after the marriage and before the decree is presumed to be marital, regardless of whose name is on the title. The spouse claiming that an asset is nonmarital carries the burden of proving it.

KRS 403.190(2) lists the exceptions. Nonmarital property generally includes:

• property acquired by gift, bequest, devise, or descent during the marriage, and the income from it, unless significant activities of either spouse contributed to that income;
• property acquired in exchange for property owned before the marriage or received by gift or inheritance;
• property acquired after a decree of legal separation;
• property excluded by a valid agreement of the parties; and
• the increase in value of property acquired before the marriage, to the extent the increase did not result from the efforts of the parties during the marriage.

Physical separation is not on that list. That is the point the Court made in Dall: only a decree of legal separation stops the accrual of marital property.

Gifts and inheritances are among the most frequently disputed categories. We cover them in detail in our guide to gift and inheritance property in a Kentucky divorce.

Step two: assign each spouse his or her nonmarital property

Once an asset is proven to be nonmarital, it is set apart to the spouse who owns it. Tracing is often the battleground here, particularly when nonmarital funds were mixed with marital accounts over a long marriage.

Step three: divide the marital estate in just proportions

Only after the first two steps does the court divide what remains, applying the KRS 403.190(1) factors. Dall is a reminder that this final step must rest on findings tied to those factors, and that a Kentucky divorce court must show its work in writing.

Maintenance in a Kentucky Divorce After Dall

Spousal maintenance in Kentucky is a two (2) stage inquiry. The first stage is the threshold test in KRS 403.200(1): insufficient property and inability to meet reasonable needs through appropriate employment. Only if both are found does the court move to the second stage.

At the second stage, KRS 403.200(2) directs the court to set the amount and duration after considering all relevant factors, including:

• the financial resources of the spouse seeking maintenance, including the marital property apportioned to that spouse;
• the time needed to acquire education or training to find appropriate employment;
• the standard of living established during the marriage;
• the duration of the marriage;
• the age and the physical and emotional condition of the spouse seeking maintenance; and
• the ability of the paying spouse to meet his or her own needs while paying maintenance.

The key lesson from Dall is that property and maintenance are linked. A large property award is part of the maintenance analysis, and the trial court must explain why the property awarded is or is not enough. The full text of KRS 403.200 is also available online.

Why Dall v. Dall Matters for High Asset Kentucky Divorce Cases

For high income and high asset families, Dall is one of the most significant property division decisions the Supreme Court of Kentucky has issued in years. It touches nearly every issue that drives a complex Kentucky divorce:

• Executive compensation and equity awards. Salary, bonuses, deferred compensation, and stock earned before the decree are marital property unless an exception applies, regardless of when the parties physically separated.
• The homemaker spouse. KRS 403.190(1)(a) expressly counts contribution as a homemaker. Dall confirms that a spouse who stepped away from a career can rely on those contributions, and also that the division must be justified through the statutory factors, not assumed.
• Long separations before the decree. When years pass between separation and decree, the value of the marital estate can change dramatically. Dall confirms that the growth is marital property and that its division turns on the same statutory factors.
• Maintenance and property are linked. Trial courts must explain why the property awarded is or is not sufficient before ordering support.
• The written findings decide the appeal. The equal split in Dall might have survived if the judgment had been written differently. Appellate courts review what the trial court actually wrote, which is why we build every trial record with the appeal in mind.

Did the Supreme Court Get It Right?

Two (2) Justices did not think so. Justice Thompson, joined by Justice Keller, would have affirmed. The dissent reasoned that the family court’s discussion of legislative intent was harmless surplusage, that the court later confirmed it understood its duty was an equitable rather than equal division, and that the equal split was well supported by the husband’s career sacrifices.

The dissent also warned that sending a case like this back for another round risks consuming more of the marital estate in attorney’s fees, and it urged the family court to resolve the remand quickly.

Our appellate commentary site, Judge Got It Wrong, walks through the majority and the dissent issue by issue. Read the full IRAC analysis of Dall v. Dall on Judge Got It Wrong, the appellate division of Bowman Legal.

What Happens Next in Dall?

The case returns to the Jefferson Family Court. The court must divide the marital estate again under KRS 403.190(1), without any presumption of equality, and reassess maintenance with the findings KRS 403.200(1) requires. The Supreme Court did not dictate any particular percentage or maintenance amount.

The Court of Appeals’ unchallenged instructions also remain in place to the extent consistent with the Supreme Court’s opinion. Those include reclassifying certain nonvested performance stock units, an offset of $133,035.05 advanced to the husband, and a reassessment of duplicative attorney’s fee entries.

Frequently Asked Questions About Kentucky Divorce and Dall v. Dall

Is Kentucky a 50/50 divorce state?

No. Kentucky divides marital property in “just proportions” under KRS 403.190(1). The Supreme Court of Kentucky confirmed in Dall v. Dall (2026) that there is no presumption of an equal division, although an equal division is permissible when the statutory factors support it.

Does separating stop the accumulation of marital property in a Kentucky divorce?

No. Property acquired after a physical separation remains marital property until the decree, unless a statutory exception applies, such as a decree of legal separation. Stallings v. Stallings and Dall v. Dall both confirm this rule.

Can a stay at home spouse receive half of the marital estate in Kentucky?

Yes, if the statutory factors support it. KRS 403.190(1)(a) expressly recognizes contribution as a homemaker. What a court cannot do, after Dall, is presume an equal split without weighing the factors and the evidence.

Does the property awarded in a Kentucky divorce affect maintenance?

Yes. Under KRS 403.200(1), a court may award maintenance only after finding that the requesting spouse lacks sufficient property, including the marital property awarded in the divorce, to meet reasonable needs, and cannot meet them through appropriate employment.

Who has to prove that property is nonmarital?

The spouse claiming the property is nonmarital. KRS 403.190(3) presumes that property acquired during the marriage is marital, regardless of how it is titled.

Was Bowman Legal involved in Dall v. Dall?

No. Bowman Legal did not represent either party. This update is based solely on the Supreme Court of Kentucky’s published opinion.

Complex Kentucky Divorce and Appeals at Bowman Legal

At Bowman Legal, we represent clients in complex Kentucky divorce cases in Jefferson Family Court and throughout the Commonwealth, including cases involving executive compensation, business interests, retirement and stock accounts, post separation property, and maintenance. Because we also handle family law appeals, we prepare every trial level case with the appellate record in mind.

Learn more about our Kentucky divorce practice, our family law appeals practice, and our answers to common Kentucky family law questions.

Please call our office at (502) 861-7414 or reach us through our contact page to schedule a consultation and start building your strategy. Bowman Legal, 6100 Dutchmans Lane, Suite 1100, Louisville, Kentucky 40205.