Unvested restricted stock units declared nonmarital property – Ky Court of Appeals Published Opinion last week

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Husband and Wife divorced and the family court entered an order on child support, maintenance, and property division. Wife appealed challenging the family court’s conclusions of law on a number of issues.

Wife first argued that the trial court erred in failing to make adequate findings and by considering the nonmarital inheritance she received in setting maintenance. The Court of Appeals affirms the family court holding that “It is well within the court’s discretion to consider nonmarital assets when calculating the amount and duration of maintenance.” The family court properly considered Wife’s financial resources, education level, the marital standard of living, along with other factors.

Wife next argues that the trial court erred in finding Husband’s unvested RSUs were nonmarital property. The Court of Appeal disagrees affirming the family court holding that the trial court properly concluded the RSUs were nonmarital property belonging to Husband and should be excluded from calculating Husband’s income in calculating maintenance and child support.

Wife makes a number of additional arguments on property division, child support, and attorney fees. The Court of Appeals upholds the trial court on all issues.

Digested by Elizabeth M. Howell

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