Kentucky common law marriage is one of those topics where what people believe and what the law actually says are two very different things. In this Divorce After 50 episode, real estate transition specialist Shari Frasure breaks down how Kentucky really treats common law marriage so you can protect yourself, your home, and your future.
We’ll cover:
What common law marriage actually means in the states that still recognize it
Why Kentucky does not allow new common law marriages and hasn’t for a very long time
The one narrow exception for out‑of‑state common law marriages (and why those cases get so complicated)
How the lack of a legal marriage can affect divorce options, spousal rights, property, retirement accounts, and shared assets after 50
Practical steps to protect yourself: checking the deed, using written agreements, creating a will or trust, and getting qualified legal advice
This episode is for long‑term partners, later‑life couples, and anyone in Kentucky who has “lived like” they were married and wants clear, plain‑English guidance on what that really means in a courtroom or at the closing table. You’ll also hear where to find legal aid, bar association referrals, and support resources for older adults navigating separation or divorce.
Shari is not an attorney and this podcast is not legal advice, but it will help you ask better questions, understand your risk, and have more informed conversations with your lawyer and financial team.