Divorce Law: Grounds for Divorce in Kentucky

May 5, 2023 Amanda

Divorce Law: Grounds for Divorce in Kentucky

Grounds for Divorce in Kentucky	Description
Irretrievable breakdown of the marriage	The marriage is irretrievably broken and there is no reasonable prospect of reconciliation.
Adultery	One spouse has committed adultery during the marriage.
Abandonment	One spouse has abandoned the other for at least one year.
Separation	The spouses have lived apart for at least one year, without cohabitation.
Cruelty	One spouse has treated the other cruelly and caused such suffering as to make continued cohabitation unsafe or improper.
Drug or alcohol abuse	One spouse has been addicted to drugs or alcohol for at least one year, and the addiction has caused the breakdown of the marriage.

Introduction

The most common ground for divorce in Kentucky is irretrievable breakdown of the marriage. This means that the marriage has broken down beyond repair and cannot be salvaged. Other grounds for divorce in Kentucky include:

Adultery
Abandonment
Cruelty
Alcohol or drug abuse
Incompatibility of temperament

Each of these grounds has its own specific requirements and may require different types of evidence to prove in court. It is important to consult with an experienced family law attorney who can guide you through this process and help you determine which ground is best suited for your situation.

Explanation of divorce law in Kentucky

In Kentucky, there are two types of divorce: contested and uncontested. A contested divorce is when the parties cannot agree on all issues related to their divorce, such as property division or child custody. An uncontested divorce is when both parties agree on all issues and can file for a simplified dissolution of marriage.

Kentucky also has a residency requirement for filing for divorce. At least one party must have been a resident of Kentucky for at least 180 days before filing for divorce.

Property Division: Kentucky follows the principle of equitable distribution, which means that marital property will be divided fairly but not necessarily equally between the parties. Marital property includes any assets acquired during the marriage, while separate property remains with its owner.
Child Custody: In determining child custody arrangements in Kentucky, courts consider what is in the best interests of the child. Factors include each parent’s ability to provide care and stability, any history of abuse or neglect by either parent, and the wishes of the child if they are old enough to express them.
Child Support: Child support in Kentucky is calculated based on guidelines that take into account each parent’s income and expenses as well as other factors such as childcare costs or medical expenses.

If you are considering filing for divorce in Kentucky, it is important to speak with an experienced family law attorney who can explain your options and help you navigate this complex process.

Importance of understanding grounds for divorce

Understanding the grounds for divorce in Kentucky is crucial because it can impact the outcome of your case. Different grounds may require different types of evidence or have different legal standards that must be met.

For example, proving adultery as a ground for divorce requires showing that one spouse engaged in sexual intercourse with someone other than their spouse. On the other hand, proving irretrievable breakdown of the marriage only requires showing that there has been a breakdown beyond repair.

The choice of grounds can also affect negotiations between parties and may impact settlement discussions. For instance, if one party committed adultery, this could potentially impact property division or spousal support decisions.
In addition to affecting legal proceedings, understanding the grounds for divorce can also help you emotionally process what is happening and move forward with your life.

Consulting with an experienced family law attorney who understands Kentucky’s divorce laws and how they apply to your specific situation is key to achieving a favorable outcome in your case. They can help you understand all available options and guide you through each step of the process from beginning to end.

Overview of the guide

If you are considering getting divorced or currently going through one already – this guide will help ensure that you have a better understanding of what lies ahead throughout the process. However, please note that while this information is intended as a helpful resource only — consulting with an experienced family law attorney should always be considered when making any critical legal decisions regarding marriage dissolution proceedings..

No-Fault Grounds for Divorce

Kentucky is a no-fault divorce state, which means that couples can file for divorce without having to prove fault or blame on either party. This can make the divorce process less contentious and more amicable.

The most common no-fault grounds for divorce in Kentucky is irretrievable breakdown of the marriage. Under this ground, one or both parties must show that the marriage has broken down beyond repair and there is no chance of reconciliation.

One advantage of using a no-fault ground for divorce is that it can be faster and less expensive than proving fault-based grounds.
In addition, using a no-fault ground may help preserve relationships between family members and friends who would otherwise have to take sides in the case if fault was being alleged.

If you are considering filing for divorce in Kentucky, speaking with an experienced family law attorney can help you understand your options and choose the best course of action based on your unique circumstances. They can also guide you through each step of the process from start to finish while protecting your rights throughout.

Explanation of no-fault grounds for divorce

However, it is important to note that even with no-fault grounds, there may still be disputes between parties regarding child custody, property division, spousal support or other issues. In these cases, it is essential to have an experienced family law attorney who can help guide you through negotiations and represent your interests in court if necessary.

If you are considering filing for divorce in Kentucky based on irretrievable breakdown of your marriage or any other grounds listed under state law,it’s best consult an experienced family law attorney who understands local laws governing Kentucky divorces.They will offer legal guidance throughout every stage of your case,to ensure that you reach an optimal outcome while prioritizing what’s best for both yourself and any dependents involved.

Irretrievable breakdown of the marriage

In order to file for divorce based on irretrievable breakdown of the marriage, you must show that:

The marriage has broken down beyond repair
There is no reasonable prospect of reconciliation between the parties
The couple has lived apart for at least 60 days before filing for divorce

If these requirements are met, a court will generally grant a divorce based on irretrievable breakdown of the marriage. However, it’s important to note that this doesn’t mean there won’t be disputes over issues such as property division, child custody and support, and spousal support. These matters may still need to be resolved through negotiation or litigation.

If you’re considering filing for divorce based on irretrievable breakdown of your marriage in Kentucky, it’s important to work with an experienced family law attorney who can help guide you through this process and protect your legal rights throughout each stage of your case.

Living apart for a certain amount of time

In Kentucky, living apart for a certain amount of time is not necessarily a ground for divorce, but it can be used as evidence to support other grounds. For example, if the parties have been living separately for at least 60 days and there has been no sexual relations during that time, this can be used as evidence to support irretrievable breakdown of the marriage.

It’s important to note that while living apart may not be an automatic ground for divorce in Kentucky, it can still impact other aspects of your case:

If you and your spouse have children together, living apart could affect child custody arrangements. It may also impact child support or visitation rights.
If you own property or assets together with your spouse, living apart could impact how these items are divided in a divorce settlement.

Ultimately, whether or not you choose to live apart from your spouse is up to you. However, it’s essential to consult with an experienced family law attorney who can advise you on the potential legal implications and help guide you through the process if necessary.

Fault Grounds for Divorce

In Kentucky, fault grounds for divorce include adultery, abandonment, and cruelty. Fault grounds require the filing party to prove that the other spouse is at fault for causing the marriage to break down. This can be difficult to do and often requires evidence such as witnesses or documentation.

While proving fault can be challenging, it may be beneficial in certain situations. For example:

Fault grounds may impact property division by allowing one spouse to receive a greater share of assets if they were not responsible for the breakdown of the marriage.
If child custody is contested and one parent has committed acts of abuse or neglect towards their children, proving fault could potentially impact custody decisions.

It is important to note that even if a party proves fault grounds for divorce, this does not necessarily mean they will be granted a more favorable outcome in their case. Judges are required to consider what is fair and equitable based on all factors involved.

Explanation of fault grounds for divorce

Filing on fault grounds can potentially impact how property is divided, spousal support payments, and child custody arrangements. However, proving fault can be difficult and often requires evidence beyond just an allegation. It is important to consult with an experienced family law attorney who understands how these laws apply to your specific situation.

Adultery

In Kentucky, adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. Proving adultery can be difficult, as evidence must clearly show that the adulterous act occurred while the parties were still married.

If you are able to prove that your spouse committed adultery, this may affect property division or spousal support decisions.
It’s also important to keep in mind that proving adultery does not guarantee a favorable outcome in your divorce case. In fact, Kentucky courts do not consider fault when making decisions about property division or child custody unless there are extenuating circumstances such as abuse or neglect.

If you suspect that your spouse has committed adultery and are considering filing for divorce on these grounds, it’s best to speak with an experienced family law attorney who can help you understand all available options and guide you through each step of the process from beginning to end.

Cruelty

Cruelty is one of the grounds for divorce in Kentucky. To prove cruelty, the petitioner must show that their spouse has behaved so badly that it is unsafe or intolerable to continue living with them. This can include physical, emotional, or mental abuse.

Physical abuse: This includes any type of violence towards a spouse such as hitting, pushing or punching. If you have been physically abused by your spouse and feel unsafe around them, you may be able to file for divorce on grounds of cruelty.
Emotional abuse: Emotional abuse can include things like verbal attacks, humiliation or intimidation from a spouse. It can also involve manipulation tactics that make the victim feel powerless and afraid.
Mental abuse: Mental abuse involves behavior that causes severe distress to a person’s mental health such as gaslighting (making someone doubt their own reality) or isolating them from friends and family members.

If you are experiencing any form of cruelty at the hands of your spouse, it is important to seek help immediately. Consider speaking with an experienced family law attorney who can help guide you through this difficult time and advise on what options may be available to protect yourself legally while seeking safety from abusive behaviors in your marriage.

Abandonment

Abandonment is one of the grounds for divorce in Kentucky. It occurs when one spouse intentionally deserts the other without cause or consent and remains away for at least one year.

If you are considering using abandonment as a ground for divorce, there are certain things you should be aware of:

The party alleging abandonment must show that the desertion was intentional and without cause or consent. For example, if your spouse left because they were physically abused by you, it may not qualify as abandonment.
The abandoned spouse must also show that they have been deserted for at least one year before filing for divorce. If the parties reconcile during this time, then the clock resets and they would need to wait another year to file on this ground again.

It’s important to note that proving abandonment can be difficult in some cases. An experienced family law attorney can help gather evidence such as witness statements or documentation of attempts to locate an absent spouse to support your case.

Substance abuse

In addition to impacting child-related matters, substance abuse can also affect property division and spousal support determinations. For example:

If marital assets were used to purchase drugs or alcohol, this could impact how those assets are divided between parties.
A spouse who struggles with addiction may be required to undergo treatment before receiving spousal support payments from their ex-partner.

If you are dealing with substance abuse issues during your divorce proceedings in Kentucky, seeking help from an experienced family law attorney who understands these complex situations and laws surrounding them can make all the difference in obtaining a favorable outcome for yourself and your loved ones involved in this difficult time period.

Imprisonment

As with all aspects of divorce law in Kentucky, it is crucial to consult with an experienced family law attorney who can help you understand your rights and options when it comes to using imprisonment as a ground for divorce. They can guide you through each step of this complex process and work tirelessly to protect your interests throughout your case.

Mental illness

If you are dealing with issues related to mental health in your divorce case, it is important to speak with an experienced family law attorney who understands how these issues can affect your case and who can help you navigate this complex area of law while advocating for your rights and interests throughout the process.

Filing for Divorce

Once these initial steps are complete, there may be additional hearings or mediation sessions required to resolve issues such as property division or child custody. If an agreement cannot be reached on all issues, then the case will go to trial where a judge will make decisions based on evidence presented by both parties.

The process of filing for divorce can be complex and emotionally challenging. It is important to work with an experienced family law attorney who can help guide you through each step of the process and advocate on your behalf throughout negotiations or litigation if necessary.

Requirements for filing for divorce in Kentucky

In addition to these requirements, it’s important to understand that there may be additional steps depending on your specific situation. For example:

If you have minor children, you will need to develop a parenting plan that outlines child custody arrangements and visitation schedules.
If there is property involved in the divorce, you will need to work out a division of assets agreement with your spouse or rely on the court’s equitable distribution principles if an agreement cannot be reached.

An experienced family law attorney can guide you through each step of the process and ensure that all necessary requirements are met when filing for divorce in Kentucky. They can also provide valuable advice and support during this emotionally challenging time.

Forms and documents needed

Filing for divorce can be a complex process with many legal requirements. Working with an experienced family law attorney who understands Kentucky’s laws regarding divorce can help ensure that all necessary forms are completed correctly and submitted on time to avoid delays or complications in your case.

Filing fees

When filing for divorce in Kentucky, there are several costs to consider. One of the most significant expenses is the filing fee.

The current filing fee for a divorce in Kentucky is $153. However, this amount can vary depending on factors such as county-specific fees and whether you have an attorney representing you or not.

If you cannot afford to pay the filing fee, you may be able to request a waiver of fees by submitting a financial affidavit to the court showing that your income falls below certain thresholds.
In addition to the filing fee, there may be additional costs associated with hiring an attorney or paying for expert witnesses if needed during litigation.

It is important to factor in all these costs when considering whether or not to file for divorce and consulting with an experienced family law attorney can help ensure that you understand all available options and make informed decisions about your case while keeping costs within your budget.

Serving the divorce papers to the other spouse

After filing for divorce in Kentucky, the other spouse must be served with a copy of the petition and summons. Service is typically done by a sheriff or private process server.

If the other spouse cannot be located, alternative methods such as publication may be used. It is important to note that proper service is required for the court to have jurisdiction over the other party and proceed with your case.

The person serving the papers must fill out an affidavit of service stating how and when they served the other party. This document is then filed with the court.
The other party has a certain amount of time to respond once they have been served. If they fail to respond within this timeframe, you may be able to obtain a default judgment against them.

Serving divorce papers can be emotionally difficult, but it is necessary in order to move forward with your case. An experienced family law attorney can guide you through this process and ensure that all legal requirements are met so that your case can proceed smoothly.

Defenses to Divorce

If you plan on raising any of these defenses in response to your spouse’s filing for divorce, you should consult with an experienced family law attorney who can guide you through the legal process and help ensure that your rights are protected throughout proceedings.

Explanation of defenses to divorce

Your attorney can help determine if you have a valid defense and guide you through each step of the process. Keep in mind that even if a court finds there are grounds for a defense, it does not necessarily mean that your marriage will be saved; it simply means that legal proceedings regarding your divorce will stop until all issues can be resolved through mediation or trial.

Collusion

Collusion refers to when both parties in a divorce agree to falsify evidence or testimony in order to obtain a divorce on certain grounds. In Kentucky, collusion is strictly prohibited and can have serious legal consequences for both parties.

If the court determines that collusion has occurred, it may deny the divorce altogether. This means that even if there are legitimate grounds for divorce, such as irretrievable breakdown of the marriage, the divorce may not be granted due to the illegal actions of the parties.

In addition to being illegal, collusion undermines trust in the judicial system and can have negative impacts on other divorces by making it more difficult for judges to determine what is true and what is not.
If you suspect that your spouse is attempting to collude with you or someone else involved in your case, it is important that you speak with an experienced family law attorney immediately. Your attorney can help protect your rights and interests while ensuring that all legal procedures are followed correctly.

Overall, understanding what constitutes collusion and its potential consequences is essential when going through a divorce in Kentucky. With proper legal guidance and representation from an experienced family law attorney, you can navigate this process smoothly while avoiding any unlawful behavior along the way.

Condonation

One important legal concept to understand in Kentucky divorce law is condonation. Condonation means that one spouse forgives the other for their misconduct, such as adultery or cruelty.

If a spouse has forgiven their partner’s misconduct and continues to live with them after the fact, they may no longer be able to use that misconduct as a ground for divorce. This is because condonation implies that the innocent party has accepted their partner’s behavior and is willing to continue with the marriage despite it.

In order for condonation to apply, the forgiveness must be voluntary and not coerced or obtained through fraud.
The innocent party must also have full knowledge of all relevant facts before forgiving their partner’s misconduct. If they discover new information later on, they may still be able to use that misconduct as a ground for divorce.

It is important to consult with an experienced family law attorney who can help you navigate complex legal concepts like condonation and ensure your rights are protected throughout your divorce proceedings in Kentucky.

Recrimination

Recrimination is a legal defense that can be used in divorce cases when both parties have committed grounds for divorce against each other. Essentially, it means that if one spouse accuses the other of adultery, but they themselves also committed adultery, then neither party can use adultery as a ground for divorce.

In Kentucky, recrimination is recognized as a valid defense to grounds for divorce. However, it is important to note that proving recrimination can be difficult and requires careful analysis of the evidence at hand.

For example, suppose one spouse files for divorce on the grounds of cruelty and abandonment while accusing the other of committing adultery. The accused spouse could argue that even if they did commit adultery, their actions were in response to the cruelty and abandonment from their partner.
This would create a situation where both spouses are equally at fault for the breakdown of their marriage and may result in no clear grounds being established. As such, seeking legal counsel from an experienced family law attorney familiar with Kentucky’s laws on recrimination is essential to ensure you receive proper representation during your case.

Provocation

In Kentucky, provocation can be used as a defense against certain grounds for divorce, such as cruelty or adultery. Provocation refers to behavior by one spouse that intentionally or recklessly causes the other spouse to react in a way that leads to an act of cruelty or adultery.

If proven, provocation may be used to mitigate the fault of the accused spouse and reduce their responsibility for the breakdown of the marriage. However, it is important to note that proving provocation can be difficult and requires evidence beyond just an accusation by one party.

Examples of behaviors that could potentially qualify as provocation include physical abuse, emotional abuse (such as constantly belittling or insulting), infidelity by one spouse, and substance abuse issues.
It is also worth noting that even if provocation is successfully proven in court, this does not necessarily mean a complete dismissal of all accusations against the accused party. Rather, it may lead to modifications in how property division or spousal support decisions are made

If you believe your actions were provoked into committing acts leading up to your divorce filing with sufficient proof, consulting with an experienced family law attorney can help you determine whether this defense may apply in your case.

Property Division

The court considers a number of factors when dividing marital property, including each party’s contribution to acquiring and maintaining the asset as well as their financial needs following the divorce. In addition to dividing assets, debts must also be allocated between spouses.

If you are going through a divorce in Kentucky and have questions about how your property will be divided, it is crucial to speak with an experienced family law attorney who can guide you through this process and ensure your rights are protected.

Explanation of property division in Kentucky

It is also important to note that marital debts are subject to division in Kentucky. This includes credit card debt, mortgages, car loans, and other obligations incurred during the marriage.

If parties cannot agree on how to divide their assets and debts themselves outside court, a judge will make these decisions for them based on evidence presented at trial.

An experienced family law attorney can help you navigate this complex process and ensure that your rights are protected throughout negotiations or litigation. They can assist with gathering financial documents, valuing assets accurately, and advocating for your interests in court if necessary.

Equitable distribution

In some cases, spouses may agree on how they want their property divided without court intervention. In these situations, it’s important to have an experienced family law attorney draft a comprehensive agreement that protects your interests and ensures compliance with all applicable laws and regulations.

If you’re facing a divorce in Kentucky, understanding equitable distribution can help you prepare for negotiations or court proceedings related to division of assets and debt. An experienced family law attorney can guide you through this process and work with you towards achieving a fair settlement based on your unique situation.

Marital property vs. separate property

In contrast, separate property generally includes:

Property owned before the marriage began;
Inheritances received by one spouse;
Gifts given solely to one spouse.

If there are any questions about whether an asset should be considered marital or separate property, it may require expert analysis from appraisers, accountants or other professionals.

An experienced family law attorney can help you navigate this process and ensure that your interests are protected throughout each step of dividing your assets equitably.

Factors considered in property division

Courts may also consider other relevant factors in making their decision about equitable distribution. For example, if one spouse stayed home to care for children while the other worked outside the home, this could be taken into account when dividing assets.

If you are going through a divorce in Kentucky and have questions about how your property will be divided, it is important to speak with an experienced family law attorney who can explain your rights and options under Kentucky law.

Child Custody and Support

If you are going through a divorce involving children, it is important to work with an experienced family law attorney who can help you navigate these complex issues. They can assist you in developing a parenting plan that works for your family’s unique needs while also advocating for your rights during negotiations or court proceedings.

Explanation of child custody and support in Kentucky

When it comes to child custody and support in Kentucky, the courts prioritize the best interests of the child. This means that all decisions regarding custody, visitation, and support will be made with the goal of ensuring that children have stable homes and are able to maintain healthy relationships with both parents.

In Kentucky, there are two types of custody: legal and physical. Legal custody refers to a parent’s right to make important decisions about their child’s upbringing, such as education or healthcare. Physical custody refers to where the child primarily resides.

Kentucky also recognizes joint custody arrangements where both parents share legal or physical custody of their children equally or in some other proportion based on what is deemed best for them.
If one parent is granted primary physical custody, then they may be entitled to receive child support from the non-custodial parent. Child support payments in Kentucky are calculated based on each parent’s income as well as other factors like childcare expenses.

If you are going through a divorce involving children in Kentucky, consulting with an experienced family law attorney can help ensure that your rights and those of your children are protected throughout this process. They can provide guidance on how courts determine issues related to child custody and support while keeping your needs at heart.

Types of custody arrangements

Joint Custody: In this arrangement, both parents share legal and physical custody of the child. This means that they both have a say in important decisions about the child’s upbringing and spend roughly equal amounts of time with them.
Sole Custody: Sole custody is when one parent has primary physical and legal custody of the child, while the other parent may have visitation rights or no contact at all.
Split Custody: Split custody is when there are two or more children involved, and each parent has primary physical custody of at least one child.

In determining which type of arrangement is best for a particular family, courts will consider factors such as each parent’s ability to provide care and stability for their children, any history of abuse or neglect by either parent, and the wishes of the children themselves if they are old enough to express them.

If you are going through a divorce involving children in Kentucky, it is important to work with an experienced family law attorney who can help you understand your options and advocate for your interests throughout every stage of the process.

Factors considered in determining custody

Kentucky law does not have a preference for one type of custody arrangement over another. Parents can agree on joint or sole legal custody (decision-making authority) and joint or sole physical custody (where children will reside). If parents cannot come to an agreement, then it is up to a judge to decide based on what is deemed to be in the best interests of the child.

If you are going through a divorce involving children, it is essential that you work with an experienced family law attorney who understands Kentucky’s laws related to custody. They can help you build your case based on relevant factors listed above and present compelling arguments during court proceedings.

Calculation of child support payments

If you are going through a divorce in Kentucky and have questions about how much child support you may be required to pay or receive, it is important to speak with an experienced family law attorney who can explain your rights and options under state law. They can help ensure that you receive fair treatment throughout all aspects of your divorce proceedings.

Conclusion

Divorce can be a complicated and emotionally charged process, but understanding the laws in your state can help make it more manageable. In Kentucky, there are several grounds for divorce that may apply to your situation.

The most common ground is irretrievable breakdown of the marriage, but other grounds such as adultery or cruelty may also be applicable.
Kentucky’s divorce laws cover issues like property division, child custody, and child support. Consulting with an experienced family law attorney is essential to navigating these complex issues successfully.

Ultimately, understanding Kentucky’s divorce laws and grounds for divorce is crucial for achieving a favorable outcome in your case. With the right legal guidance and support, you can move forward from this difficult time and begin building a new future.

Summary of the guide

In summary, divorce laws in Kentucky can be complex and it is important to have a basic understanding of the grounds for divorce, types of divorces available, residency requirements and how various factors such as child custody, support and property division may impact your case. Here are some key takeaways:

The most common ground for divorce in Kentucky is irretrievable breakdown of the marriage.
There are two types of divorce: contested and uncontested. A contested divorce is when parties cannot agree on all issues related to their divorce while an uncontested one occurs when both parties agree on all matters.
Kentucky follows equitable distribution principles during property division where marital property will be divided fairly but not necessarily equally between the parties. Child custody arrangements in Kentucky consider what is best for the child while child support payments depend on each parent’s income and expenses among other factors.

Seeking assistance from an experienced family law attorney who understands Kentucky’s specific regulations regarding this area can make all the difference between a successful or unsuccessful outcome. They will help you understand your options as well as guide you through every step of the process with professionalism and expertise.

Importance of seeking legal advice in divorce cases

If you are considering filing for divorce in Kentucky or have been served with divorce papers by your spouse, seeking legal counsel is critical to protecting your interests. An experienced family law attorney can explain all aspects of the process so that you feel confident in every decision made along the way.

Additional resources for further information

In addition to these resources, it’s important to consult with an experienced family law attorney who can provide personalized guidance based on your specific situation. An attorney can help you understand your rights under Kentucky law and work towards achieving a favorable outcome in your case.

FAQ on ‘Divorce Law: Grounds for Divorce in Kentucky’

How long do I have to live in Kentucky before I can file for divorce?

You or your spouse must have been a resident of Kentucky for at least 180 days before filing for divorce.

Do both spouses need to agree to the divorce?

No. In Kentucky, only one spouse needs to file for divorce. However, if the other spouse contests the divorce or disagrees on certain issues (such as property division or child custody), it may prolong the process and require court intervention.

Can I still get a divorce if my spouse doesn’t want one?

Yes. If you meet one of the grounds for divorce in Kentucky (such as irreconcilable differences), you can still proceed with the divorce even if your spouse objects.

How is property divided in a Kentucky divorce?

Kentucky is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally between spouses. Factors such as each spouse’s income and contribution to the marriage are taken into account when dividing property.