A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.
In Kentucky, adultery can have legal implications in the context of divorce proceedings. While Kentucky is a no-fault divorce state, meaning that a spouse does not need to prove fault to obtain a divorce, the conduct of the spouses during the marriage, including adultery, can be considered when dividing marital property or awarding alimony. If a spouse has spent marital assets on a paramour, the non-cheating spouse may raise this issue in court. The court has the discretion to consider this dissipation of marital assets when equitably dividing property. The non-cheating spouse may seek reimbursement for the marital funds spent on the paramour, and the court may order the cheating spouse to return the value of the gifts or compensate the marital estate with separate property funds. However, the specifics of each case can vary, and the outcome depends on the evidence presented and the discretion of the court. An attorney can provide guidance on how these principles apply to an individual's circumstances in Kentucky.