Marital Settlement Agreement (No Children) - Preparation Worksheet - Kentucky

KENTUCKY MARITAL SETTLEMENT PREPARATION WORKSHEET — NO CHILDREN UNDER 18

DO NOT FILE THIS WORKSHEET. Kentucky publishes AOC-252.4, Separation Agreement (without children under 18). Use this worksheet to collect and review information, then complete the current official form and any required attachments, deeds, refinancing documents, or retirement orders.

1. Confirm This Track

☐ The parties have no child of the marriage under age 18.

☐ Neither party is pregnant, or Kentucky counsel has confirmed how the pregnancy affects the divorce packet.

☐ No custody, child-support, or parenting-time term is included in this worksheet.

☐ The current AOC-252.4 revision and the filing court's local requirements were obtained on [__/__/____].

2. Case and Decree Readiness

KRS 403.170(1) places the 60-day requirement before entry of the decree, not before signing this agreement. Living apart may include living under the same roof without sexual cohabitation.

☐ Each party states that the marriage is irretrievably broken and there is no reasonable prospect of reconciliation.

3. Disclosure and Classification

Before agreeing, exchange enough information for informed decisions. AOC-252.4 includes an express disclosure acknowledgment.

☐ Income records exchanged through [DATE: __/__/____]

☐ Real-estate records, mortgages, liens, and valuations exchanged

☐ Bank, investment, and digital-asset statements exchanged

☐ Retirement and pension statements and plan information exchanged

☐ Vehicle titles, loans, and valuations exchanged

☐ Credit reports and debt statements exchanged

☐ Tax returns, tax notices, refunds, and liabilities exchanged

☐ Business, trust, inheritance, insurance, and litigation interests disclosed

KRS 403.190(3) presumes property acquired after marriage and before a decree of legal separation is marital regardless of title, subject to proof of a subsection (2) exception. Do not classify an asset solely from the name on the account, deed, or title.

4. Non-Marital Property

For each claimed non-marital item, identify the statutory classification theory, source, tracing records, current value, related debt, and any marital contribution or increase issue.

☐ AOC-252.4 will state that there is no non-marital property.

☐ AOC-252.4 will list the non-marital property each party keeps or receives.

5. Marital Property and Debts

A. Real Estate

☐ No marital real estate.

☐ Sale terms address listing, broker, price changes, possession, expenses, repairs, taxes, insurance, liens, closing costs, and net-proceeds allocation.

☐ Retention terms address deed preparation, lien releases, refinance or assumption, indemnity, deadlines, and a remedy if lender release is not obtained.

AOC-252.4 warns that additional legal documents are necessary to transfer real estate. The agreement itself does not replace a deed or release a party from a lender's contract.

B. Vehicles

C. Bank and Investment Accounts

D. Personal and Household Property

☐ Each party keeps the property presently in that party's possession, except as listed below.

E. Retirement and Pension Benefits

AOC-252.4 warns that retirement division can cause significant loss if mishandled and may require additional court orders or documents. Obtain plan-administrator requirements and specialized counsel before signing away or dividing benefits.

F. Other Property

G. Other Marital Debt

An allocation between spouses does not itself change a creditor's contract rights. Address payment proof, refinance or payoff where available, indemnity, defense, notice of default, and remedies with counsel.

6. Equitable Overall Division

KRS 403.190(1) directs a court to divide marital property without regard to marital misconduct and in just proportions after considering relevant factors. AOC-252.4 asks whether the parties believe their property and debt division is equitable.

☐ The parties agree the complete division is equitable without an equalization payment.

☐ [PETITIONER / RESPONDENT] will pay the other $[________] by [__/__/____] to make the complete division equitable.

Security, interest, and remedy for late payment: [________________________________]

7. Maintenance

KRS 403.200 supplies the findings and factors for a court-ordered maintenance award. The parties should evaluate property assigned to the proposed recipient, reasonable needs, employment capacity, financial resources, education or training time, marital standard of living, marriage duration, age and condition, and the proposed payor's ability to meet both parties' needs.

☐ No maintenance. Neither party will pay maintenance to the other.

☐ Maintenance agreement:

Modification Election

KRS 403.180(6) permits the decree to expressly preclude or limit modification if the agreement so provides. Otherwise, KRS 403.250(1) governs modification of decree maintenance upon changed circumstances so substantial and continuing as to make the terms unconscionable.

☐ No special preclusion or limitation is requested; statutory modification rules apply.

☐ The parties request that the decree expressly preclude or limit modification of these maintenance terms as drafted by counsel: [________________________________]

Death and Remarriage Election

Under KRS 403.250(2), future maintenance terminates on either party's death or the recipient's remarriage unless the parties otherwise agree in writing or the decree expressly provides otherwise.

☐ Use the statutory death-and-remarriage rule.

☐ Use this counsel-drafted alternative written term and request its express treatment in the decree: [________________________________]

8. Taxes

Use the current AOC-252.4 tax fields for the year the parties begin filing separately and for allocation of existing liabilities or refunds. Obtain tax advice before agreeing to filing status, refund allocation, estimated payments, carryovers, basis, sale consequences, retirement transfers, business items, or indemnity.

9. Other Terms and Incorporation Election

☐ Each party will sign documents reasonably necessary to perform the final agreement.

☐ Each party confirms the final agreement contains the entire agreement and is signed without reliance on omitted promises.

☐ Each party confirms full disclosure and an opportunity for independent attorney review.

☐ The parties request that the court set forth or incorporate the agreement in the decree and order performance, consistent with KRS 403.180(4)(a).

☐ Instead, the parties request the alternative treatment described in KRS 403.180(4)(b), using language prepared by counsel: [________________________________]

Terms set forth in the decree receive the judgment and contract enforcement described in KRS 403.180(5). Do not state that incorporation is automatic without preserving subsection (4)'s agreement and court-review conditions.

Other counsel-drafted agreement terms:

[____________________________________________________________]

[____________________________________________________________]

10. Final AOC-252.4 Completion Review

☐ Correct court, county, division, case number, and party names entered

☐ Every property category answered; attachments labeled and incorporated

☐ Every debt and creditor-contract issue addressed

☐ Real-estate deeds, liens, and financing documents separately prepared

☐ Retirement plan requirements and necessary orders separately prepared

☐ Maintenance amount, frequency, dates, modification, death, and remarriage treatment complete

☐ Tax section reviewed by a qualified tax professional

☐ Disclosure and entire-agreement acknowledgments accurate

☐ Incorporation or non-incorporation election reviewed by counsel

☐ Both parties sign the current official form before the authorized officer; AOC-252.4 requires notarized signatures of both parties

☐ Each party's independent Kentucky counsel review completed

Sources and References

• KRS 403.140: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1447
• KRS 403.170: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1450
• KRS 403.180: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1451
• KRS 403.190: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1452
• KRS 403.200: https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=1453
• KRS 403.250: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1462
• Kentucky Court of Justice Form AOC-252.4: https://www.kycourts.gov/Legal-Forms/Legal%20Forms/252.4.pdf