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Choice of Law
Flag of Kentucky
KENNETH KIRILENKO V. CHERRYL KIRILENKO Husband and Wife moved to Kentucky shortly after Husband began receiving disability and retirement benefits from his Connecticut employer. Several years later, Wife filed a divorce action in Kentucky. Under Kentucky law, Husband’s disability benefits are non-marital, while under Connecticut law they may be marital. The trial court found that...
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Flag of Kentucky
Kirilenko v. Kirilenko In a KY divorce, the trial court erred in applying KY law to characterize CN state disability retirement benefits as nonmarital property. Instead, the Restatement (Second) of Conflict of Laws “most significant relationship”  test should be applied and CN law is more appropriate.
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