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It is not uncommon for married couples to hold title to assets in the name of only one spouse. Most often, couples will hold a joint savings or checking account and also have separate banking, investment, and retirement accounts. In Kentucky, all assets acquired during the marriage are presumed to be marital property and subject...
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Unlike property that was earned during the marriage, there is no presumption that debt incurred during the marriage is marital debt. Neidlinger v. Neidlinger, 52 S.W.3d 513, 523 (Ky. 2001). See also KRS 403.190. There is also no presumption that debts must be divided equally or in the same proportions as marital property but rather...
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In Kentucky, debts accumulated during the marriage are treated differently than assets acquired during the marriage. Unlike assets, there is no statutory presumption that debts accumulated during the marriage are marital. To determine if a debt is marital or non-marital, courts look to the following factors: (1) who received the benefits for which the debt...
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Empty Room
A deposition is a discovery tool by which your attorney can obtain sworn testimony from a witness outside of the courtroom and the presence of the Judge.
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Pink Piggy Bank
Ehret v. Ehret The parties entered into a marital settlement agreement, which was incorporated into a Decree of Dissolution of Marriage entered on June 27, 2012. The parties amended the agreement and a supplemental decree was entered on March 6, 2013. In 2017, the parties revisited the issue of Husband’s retirement accounts. A QDRO was...
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Meeting 4
When discussing arbitration with your legal counsel, you will want to talk through the potential advantages and disadvantages. Advantages of divorce law arbitration include: The ability of participants to decide who will be their judge. Parties can select an arbitrator with particular expertise, such as business valuation, retirement plans, tax, nonmarital tracing issues, mental health,...
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Alternative Dispute Resolutions (“ADR”) include divorce mediation, arbitration, and collaborative family law. Kentucky Courts regularly order family law cases to mediation, but arbitration is used much less frequently. What is arbitration? The American Bar Association describes arbitration as “a private process where disputing parties agree that one or several individuals can make a decision about...
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Dog in Moving Box
Wagner v. Wagner Parties entered into a property settlement agreement which required Former Husband to make monthly mortgage payments on the marital residence until such time that Former Wife “decided to sell” the property. Former Wife listed the marital residence for sale, but did not receive any offers. Former Husband ceased making mortgage payments, resulting...
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COBANE V. COBANE   In a dissolution of marriage proceeding with complex assets, Husband appealed on a variety of asset classification, valuation, and division issues.  
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DUFFY V. DUFFY Trial court found unvested RSUs were marital property subject to division, although Husband forfeited his right to the RSUs during the dissolution proceedings by leaving his employer two months before the RSUs vested. The trial court did not count the RSU income in setting Husband’s gross income calculation for child support.  
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