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Cases of Interest: Kentucky
© National Legal Research Group, Inc.
Agreements (full category)
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KENTUCKY: Terwilliger v. Terwilliger, 64 S.W.3d 816 (Ky. 2002).
The wife signed a separation agreement containing property division provisions, based upon the husband's representation to her that his business was nearly bankrupt, overdrawing a rate of $100,000 per day. Neither party had counsel at the time. The agreement was incorporated into a divorce decree. Less than one month later, the husband sold the business for $1.6 million.
Read More About This CaseKENTUCKY: Shraberg v. Shraberg, 939 S.W.2d 330 (Ky. 1997).
The parties' separation agreement was properly determined to be unconscionable and set aside, where it was manifestly unfair and unreasonable in that it required the husband to pay $160,000 per year out of his annual income of $200,000.
Read More About This CaseClassification of Assets (full category)
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KENTUCKY: McGinnis v. McGinnis, 920 S.W.2d 68 (Ky. Ct. App. 1995) (released 1996).
The husband's accrued ownership rights in nonvested shares of stock in a start-up venture capital company were marital property; it was not an abuse of discretion to structure a distribution to allow the wife an in-kind distribution of the stock shares if the company went public within seven years.
Read More About This CaseKENTUCKY: Bischoff v. Bischoff, 987 S.W.2d 799 (Ky. Ct. App. 1998).
The exempt character of military disability benefits does not extend to property purchased with those funds.
Read More About This CaseDissipation of Assets (full category)
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KENTUCKY: Brosick v. Brosick, 974 S.W.2d 498 (Ky. Ct. App. 1998).
Once a spouse shows by a preponderance of the evidence that marital funds were dissipated, the burden of going forward shifts to the other spouse to prove that the funds were not expended for an improper purpose.
Read More About This CaseDivision of Property (full category)
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KENTUCKY: McGinnis v. McGinnis, 920 S.W.2d 68 (Ky. Ct. App. 1995) (released 1996).
The husband's accrued ownership rights in nonvested shares of stock in a start-up venture capital company were marital property; it was not an abuse of discretion to structure a distribution to allow the wife an in-kind distribution of the stock shares if the company went public within seven years.
Read More About This CaseEmployee Benefits (full category)
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KENTUCKY: McGinnis v. McGinnis, 920 S.W.2d 68 (Ky. Ct. App. 1995) (released 1996).
The husband's accrued ownership rights in nonvested shares of stock in a start-up venture capital company were marital property; it was not an abuse of discretion to structure a distribution to allow the wife an in-kind distribution of the stock shares if the company went public within seven years.
Read More About This CaseFactors in Award (full category)
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KENTUCKY: Dotson v. Dotson, 864 S.W.2d 900 (Ky. 1993).
The trial court should not have granted the wife 85% of the marital estate simply because most of the marital property was derived from the nonmarital assets she brought to the marriage.
Read More About This CaseLife Insurance (full category)
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KENTUCKY: Hughes v. Scholl, 900 S.W.2d 606 (Ky. 1995).
The rights of an insurance policy beneficiary are not affected by the mere fact of a divorce between the beneficiary and the insured.
Read More About This CasePremarital Property (full category)
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KENTUCKY: Dotson v. Dotson, 864 S.W.2d 900 (Ky. 1993).
The trial court should not have granted the wife 85% of the marital estate simply because most of the marital property was derived from the nonmarital assets she brought to the marriage.
Read More About This CaseProfessional Licenses and Degrees (full category)
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KENTUCKY: Brosick v. Brosick, 974 S.W.2d 498 (Ky. Ct. App. 1998).
The husband was not entitled to reimbursement for his contributions to the wife's nursing degree where the evidence did not show an inequality between the parties' contributions to the marital estate.
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