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Businessman looking at the time on his wrist watch in car. Business concept.
Andrews v. Andrews Fayette County Circuit Court The parties were divorced in 2015, and their settlement agreement was incorporated into the decree of dissolution. The settlement agreement provided that Husband would pay Wife $4,000 per month in maintenance. Husband unilaterally reduced his payments to $1,000 after a decrease in his pay. Wife filed a motion...
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Business Newspaper
In Kentucky, marital property is divided pursuant to KRS 403.190 “without regard to marital misconduct in just proportions considering all relevant factors including.” Not all property is marital property. The statute sets aside nonmarital property which is not subject to equitable division. KRS 403.190(2) describes nonmarital property as follows: “(a)Property acquired by gift, bequest, devise,...
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Journals and Notebooks
Tager v. Tager Circuit Court referred disputed issue in a dissolution action, including division of marital assets, to Domestic Relations Commissioner (“DRC”). DRC issued a report finding Husband qualified for military retirement benefits, which the parties stipulated were partially marital. Circuit Court adopted DRC’s report and issued a limited decree of dissolution, which did not...
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Businessman looking at the time on his wrist watch in car. Business concept.
Herbener v. Herbener   Husband held separate property, which he transferred to an LLC, which was owned by Husband and Wife. Wife argued that the transfer of the property to the LLC after the marriage transformed the ownership to Husband and Wife’s concurrent ownership. The Court of Appeals held that concurrent ownership is limited to...
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Stock Market
Baker v. Baker   Parties divorced in 1996, entering into a settlement agreement, which was incorporated into the decree of dissolution of marriage. Husband owned a Railroad Retirement Plan (“the Plan”) from his employment at CSX Transportation. A provision of the settlement agreement provided for Wife receiving half of the Plan from the date of...
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Wattenberger v. Wattenberger   Trial Court ordered the parties’ marital home to be sold to compensate former wife for her maintenance claim, with the net proceeds of the sale divided 65% to former wife and 35% to former husband. The record lacked an appraisal or valuation of the property and no findings were made to...
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Businessman looking at the time on his wrist watch in car. Business concept.
Lockhart v. Lockhart The parties entered into a Marital Settlement Agreement in which Former Husband agreed to pay maintenance to Former Wife for a period of years or until Former Wife remarried. Additionally, the Agreement precluded the modification of maintenance. Former Husband filed a motion to terminate his maintenance obligation due to a decrease of...
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Jar of Change
DOYLE V. DOYLE “Questions Presented: Family Law. Interest on money judgment. KRS 360.040. Application of KRS 360.040, governing interest on a judgment in a domestic relations case.” Husband owed wife $24,277.02 for a 1998 property equalization settlement. Wife attempted to garnish Husband’s funds ultimately getting a judgment lien on his property in 2008 after he...
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Car Crash
GRASCH V. GRASCH At the time of dissolution, Husband had an active law practice in which he had executed contingent-fee contracts with some clients. The trial court treated the contingent-fee contracts as a component of Husband’s income when received and not as property. The Court of Appeals agreed. The Supreme Court accepted discretionary review.
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Businessman looking at the time on his wrist watch in car. Business concept.
LEWIS V. FULKERSON Both Husband and Wife appealed Court Order entered after a trial on all issues. Wife argued that the family court erred in finding that all of the proceeds from the sale of Husband’s businesses were his nonmarital property. Husband argued the family court erred in determining the character of Wife’s Trust corpus...
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