Kentucky
Legal Separation in Kentucky: Residency, Orders and Conversion (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 13 primary sources cited on this page. How we verify our legal content
Yes. Kentucky courts grant a decree of legal separation in the same Chapter 403 proceeding used for divorce: under KRS 403.140(2), if a party asks for legal separation instead of dissolution, the court grants it in that form unless the other spouse objects. No earlier than one year after the decree, either spouse can ask the court to convert it to a divorce (KRS 403.230(1)).
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers legal separation under Kentucky Revised Statutes chapter 403 (KRS 403.140, 403.150, 403.160, 403.170, 403.180, 403.190, 403.200, 403.220, 403.230 and 403.250) and divorce from bed and board under KRS 403.050. It does not cover how maintenance or child support amounts are calculated, inheritance rights after separation, or other states' law. For divorce grounds and procedure, see Kentucky divorce laws.
Can you get a legal separation in Kentucky?
Yes. Kentucky handles legal separation inside the dissolution chapter. KRS 403.140(2) provides:
"If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects, in which latter event the other provisions of this chapter shall apply."
Under that text, a party may ask for a separation decree instead of a divorce, and the court grants that form of decree unless the other spouse objects. The spouses remain married after a decree of legal separation. A decree of dissolution is what authorizes either party to marry again (KRS 403.010).
Requirements to file for legal separation
Grounds. The verified petition in a proceeding for dissolution or legal separation must allege that the marriage is irretrievably broken and must state:
"(c) That the parties are separated and the date on which the parties separated;"
That language is in KRS 403.150(2). If one party denies that the marriage is irretrievably broken, the court considers all relevant factors under KRS 403.170.
Living apart. KRS 403.170(1) says: "No decree shall be entered until the parties have lived apart for 60 days. Living apart shall include living under the same roof without sexual cohabitation." The sentence is not limited to dissolution in its text, but this page does not say how courts apply it to a legal separation decree.
Residency. Under KRS 403.140(1)(a), the court must find that one of the parties, when the action began, resided in Kentucky or was stationed in Kentucky as a member of the armed services, and that the residence or military presence had been maintained for 180 days before the petition was filed. KRS 403.140(2) routes a separation request through the same section.
Forms. The Kentucky Court of Justice publishes a divorce packet, including AOC-252A, the petition for dissolution of marriage without children under 18. This page does not identify a separate legal separation petition form.
What a Kentucky court can order in a legal separation
| Order | What the statute provides | Cite |
|---|---|---|
| Property division | The court assigns each spouse's property to that spouse and divides marital property "without regard to marital misconduct in just proportions," considering factors including each spouse's contribution (including as homemaker), the value of property set apart, the length of the marriage, and economic circumstances, including the family home | KRS 403.190(1) |
| Maintenance (spousal support) | Available to either spouse only if the spouse lacks sufficient property for reasonable needs and either cannot support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate not to require work outside the home | KRS 403.200(1), (2) |
| Temporary orders | Temporary maintenance, temporary child support and temporary injunctions while the case is pending | KRS 403.160 |
| Costs and attorney's fees | After considering the parties' financial resources | KRS 403.220 |
| Separation agreement | Terms other than child custody, support and visitation bind the court unless it finds them unconscionable; the agreement is incorporated or identified in the decree | KRS 403.180 |
Temporary orders end when the final decree is entered or the petition is voluntarily dismissed (KRS 403.160). For maintenance factors and amounts, see Kentucky alimony laws. For children, see Kentucky child custody laws.
Property and support after the decree
A legal separation decree changes how later property is classified. KRS 403.190(2)(c) excludes property acquired after a decree of legal separation from marital property, and KRS 403.190(3) presumes that property acquired before the decree is marital.
A maintenance obligation ends at the death of either party or the recipient's remarriage, unless the parties agreed otherwise or the decree provides otherwise. It can be modified only on a showing of changed circumstances "so substantial and continuing as to make the terms unconscionable" (KRS 403.250).
Kentucky's statute barring a spouse's claims to the other's property at death, KRS 392.090(1), is written for absolute divorce, and KRS 403.050 says a divorce from bed and board does not bar dower, curtesy or distributive rights. Because separated spouses remain married, ask a lawyer licensed in Kentucky how a separation decree or agreement affects inheritance, wills and beneficiary designations.
Converting a legal separation to a divorce
Conversion becomes available once a year has passed. KRS 403.230(1) provides:
"(1) No earlier than one year after entry of a decree of legal separation, the court on motion of either party shall convert the decree to a decree of dissolution of marriage."
Either spouse can make the motion, and the statute uses "shall."
Divorce from bed and board (KRS 403.050)
Kentucky's statutes also still contain an older action, divorce from bed and board. KRS 403.050 provides:
"Divorce from bed and board may be rendered for any cause that allows divorce, or for any other cause that the court in its discretion considers sufficient. A divorce from bed and board shall operate as to property thereafter acquired, and upon the personal rights and legal capacities of the parties, as a divorce from the bond of matrimony, except that neither shall marry again during the life of the other, and except that it shall not bar curtesy, dower or distributive right. The judgment may be revised or set aside at any time by the court rendering it."
The section dates from 1942 and is still published. This page does not cover how Kentucky courts use it today compared with a legal separation under KRS 403.140(2).
Disclaimer: This article provides general legal information about legal separation under Kentucky Revised Statutes chapter 403, as verified on 2026-10-08. It is not legal advice, and the law can change. For advice about your situation, consult a lawyer licensed in Kentucky or the clerk of your Circuit Court.
Related
- Legal separation laws in every state
- Kentucky divorce laws
- Kentucky alimony laws
- Kentucky child custody laws
- Kentucky child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Does Kentucky recognize legal separation?
Yes. Under KRS 403.140(2), if a party asks for a decree of legal separation instead of dissolution, the court grants it in that form unless the other party objects.
How long do you have to live in Kentucky to file for legal separation?
KRS 403.140(1)(a) requires that one party resided in Kentucky, or was stationed there in the armed services, for 180 days before filing, and KRS 403.140(2) routes a separation request through that section.
Can my spouse stop a legal separation in Kentucky?
An objection stops the court from entering a decree in the form of a legal separation, but it does not by itself end the case: under KRS 403.140(2), the other provisions of chapter 403, which govern dissolution, then apply.
Can a legal separation be turned into a divorce in Kentucky?
Yes. No earlier than one year after the legal separation decree, the court must convert it to a decree of dissolution on either party's motion (KRS 403.230(1)).
Is property bought after a legal separation marital property in Kentucky?
No. KRS 403.190(2)(c) excludes property acquired after a decree of legal separation from marital property.
Can you get spousal support during a legal separation in Kentucky?
The court can award temporary maintenance while the case is pending (KRS 403.160) and maintenance in the decree if the requesting spouse meets the KRS 403.200 test.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 403: DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
§ 403.230Legal separation -- Court may convert, to a decree of dissolution -- Restoration of former nameIn forcecited in 2 of our articles
(1) No earlier than one year after entry of a decree of legal separation, the court on motion of either party shall convert the decree to a decree of dissolution of marriage. (2) Upon request by a wife whose marriage is dissolved or declared invalid, the court may, and if there are no children of the parties shall, order her maiden name or a former name restored.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Blasi v. Blasi (Kentucky Supreme Court 1983, 648 S.W.2d 80)“…name of a litigant in a dissolution of marriage proceeding. KRS 403.230. To that extent the circuit court’s jur…”
- Peniston v. Peniston (Court of Appeals of Kentucky 1974, 511 S.W.2d 675)“…name when she had not so requested. KRS 403.060(4) — now KRS 403.230(2) — did not authorize the restoration…”
- Heather Lerae Moore v. Eddie Dean Moore (Kentucky Supreme Court 2021)“…fficient or applicable to the matter to be determined under KRS 403.230(3) and while also seemingly excusing t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Name Change Laws: How to Petition the District Court
§ 403.140Marriage -- Court may enter decree of dissolution or separationIn forcecited in 2 of our articles
(1) The Circuit Court shall enter a decree of dissolution of marriage if: (a) The court finds that one (1) of the parties, at the time the action was commenced, resided in this state, or was stationed in this state while a member of the armed services, and that the residence or military presence has been maintained for 180 days next preceding the filing of the petition; (b) The court finds that the conciliation provisions of KRS 403.170 either do not apply or have been met; (c) The court finds that the marriage is irretrievably broken; and (d) To the extent it has jurisdiction to do so, the court has considered, approved or made provision for child custody, the support of any child of the marriage entitled to support, the maintenance of either spouse, and the disposition of property. (2) If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects, in which latter event the other provisions of this chapter shall apply.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 24 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Clements v. Harris (Kentucky Supreme Court 2002, 89 S.W.3d 403)“…a divorce for the cause set out in this chapter.”). . KRS 403.140(l)(a). .While Kentucky adopted ve…”
- Putnam v. Fanning (Court of Appeals of Kentucky (pre-1976) 1973, 495 S.W.2d 175)“…petitioner to prevent the entry of a decree of dissolution (KRS 403.140) in a divorce case before determination…”
- Jeffrey v. Jeffrey (Court of Appeals of Kentucky 2004, 153 S.W.3d 849)“…r of the family court on the grounds that it had misapplied KRS 403.140 and the divisible divorce doctrine in i…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Divorce Laws (2026): Grounds, Residency, and Process
§ 403.050Divorce from bed and board -- Grounds and legal effectIn force
Divorce from bed and board may be rendered for any cause that allows divorce, or for any other cause that the court in its discretion considers sufficient. A divorce from bed and board shall operate as to property thereafter acquired, and upon the personal rights and legal capacities of the parties, as a divorce from the bond of matrimony, except that neither shall marry again during the life of the other, and except that it shall not bar curtesy, dower or distributive right. The judgment may be revised or set aside at any time by the court rendering it.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 403.150Procedure -- Commencement of action, pleadings, abolition of existing defensesIn force
(1) All proceedings under this chapter are commenced in the manner provided by the Rules of Civil Procedure. (2) The verified petition in a proceeding for dissolution of marriage or legal separation shall allege the marriage is irretrievably broken and shall set forth: (a) The age, occupation, Social Security number, and residence of each party, provided in accordance with KRS 403.135, and his length of residence in this state. If domestic violence and abuse, as defined in KRS 403.720, is alleged by either party, the party filing the petition shall certify the existence and status of any domestic violence protective orders.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 403.190Disposition of propertyIn forcecited in 3 of our articles
(1) In a proceeding for dissolution of the marriage or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall assign each spouse's property to him. It also shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors including: (a) Contribution of each spouse to acquisition of the marital property, including contribution of a spouse as homemaker; (b) Value of the property set apart to each spouse; (c) Duration of the marriage; and (d) Economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 271 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Sexton v. Sexton (Kentucky Supreme Court 2004, 125 S.W.3d 258)“…property in a dissolution-of-marriage action is governed by KRS 403.190, 13 and neither record tit…”
- Anderson v. Johnson (Kentucky Supreme Court 2011, 350 S.W.3d 453)“…ntenance. Id. at 899 . The Court found that KRS 403.190, the property division statute, and KRS…”
- Inman v. Inman (Kentucky Supreme Court 1982, 648 S.W.2d 847)“…e spouse's advanced education. Of course, we recognize that KRS 403.190(1) mandates a division of marital prope…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Prenuptial Agreement Laws: The Gentry Test Explained (2026)
§ 403.200Maintenance -- Court may grant order for either spouseIn forcecited in 4 of our articles
(1) In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: (a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and (b) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 179 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gentry v. Gentry (Kentucky Supreme Court 1990, 798 S.W.2d 928)“…todian not be required to seek employment outside the home. KRS 403.200(1). The Fayette Circuit Court determi…”
- Inman v. Inman (Court of Appeals of Kentucky 1979, 578 S.W.2d 266)“…of periodic maintenance payment to Mrs. Inman is improper. KRS 403.200 provides: In a proceeding for dissolu…”
- Age v. Age (Court of Appeals of Kentucky 2011, 340 S.W.3d 88)“…held as the method for establishing maintenance. In fact, KRS 403.200(1)(a) and (b) set out the required find…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Maintenance (Alimony) Laws: How It Works (2026), Common Law Marriage in Kentucky: Is It Recognized? (2026)
§ 403.180Separation agreement -- Court may find unconscionableIn forcecited in 3 of our articles
(1) To promote amicable settlement of disputes between parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for maintenance of either of them, disposition of any property owned by either of them, and custody, support and visitation of their children. (2) In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the custody, support, and visitation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unconscionable. (3) If the court finds the separation agreement unconscionable, it may request the parties to submit a revised separation agreement or may make orders for the disposition of property, support, and maintenance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 82 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gentry v. Gentry (Kentucky Supreme Court 1990, 798 S.W.2d 928)“…hat of property distribution as well. I do not believe that KRS 403.180 was intended to leave the “ante-nuptial…”
- Ford v. Ford (Court of Appeals of Kentucky 2019, 578 S.W.3d 356)“…reement was insufficient to comply with the requirements of KRS 403.180(4)(a) because it was not, on its face,…”
- Burchell v. Burchell (Court of Appeals of Kentucky 1984, 684 S.W.2d 296)“…to share joint custody are not binding on the trial court. KRS 403.180(2). Further, even if such an agreement…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- KRS 403.140 (dissolution and legal separation; residency)(apps.legislature.ky.gov).gov
- KRS 403.230 (conversion of legal separation to dissolution)(apps.legislature.ky.gov).gov
- KRS 403.010 (effect of a decree of dissolution)(apps.legislature.ky.gov).gov
- KRS 403.150 (petition contents)(apps.legislature.ky.gov).gov
- Kentucky Court of Justice, AOC-252A Petition for Dissolution of Marriage(kycourts.gov).gov
- KRS 403.190 (disposition of property)(apps.legislature.ky.gov).gov
- KRS 403.200 (maintenance)(apps.legislature.ky.gov).gov
- KRS 403.160 (temporary orders)(apps.legislature.ky.gov).gov
- KRS 403.220 (costs and attorney fees)(apps.legislature.ky.gov).gov
- KRS 403.180 (separation agreements)(apps.legislature.ky.gov).gov
- KRS 403.250 (modification and termination of maintenance)(apps.legislature.ky.gov).gov
- KRS 403.050 (divorce from bed and board)(apps.legislature.ky.gov).gov
- KRS 392.090 (property claims barred by absolute divorce)(apps.legislature.ky.gov).gov