Award of cost of living adjustments to civil pension affirmed by Ky Court of Appeals in published opinion January 16, 2015

Growing money pots

BROWN V. BROWN

In divorce proceedings, husband had a civil pension. The marital portion was divided equally between the parties using the deferred distribution method. Husband argued that the award should not include the cost-of-living adjustments (COLAs) he received after the divorce. The Circuit Court concluded wife was entitled to the COLAs corresponding to her share of the pension. The Appellate Court affirmed the Circuit Court’s conclusion holding the  wife’s portion of the marital retirement should include the COLAs, as they are not earnings attributable to the husband’s post-decree efforts.

Recent Posts

Flag of Kentucky
General Division of District Court Has Jurisdiction to Hear IPO Cases Involving Minors; GAL Must Be Appointed to Represent Minors in IPO Cases – Published Opinion from Supreme Court of Ky.
September 14, 2021
Hearsay Statements Detailing Abuse, Behavior, and Feelings to a Treating Therapist that Are Essential for Diagnosis and Treatment Are Properly Admissible; Hearsay Statements Regarding the Identity of the Perpetrator May Be Admissible – Published Opinion from Supreme Court of Ky.
September 14, 2021
Signature
Family Court Made Sufficient Findings of Fact and Conclusions of Law by Incorporating Oral Findings of Fact and Conclusions of Law by Reference into Written Order – Published Opinion from Supreme Court of Ky.
September 14, 2021