Kentucky Case Law Review by Topic: July 2024

2024EZ QDRO LAWOctober 15, 2024Attorney Fees, Appeals, Alimony, Avoiding Pitfalls, Tax, Marital Property, Maintenance, Family Law, Valuation, Statute of Limitations, Debts, Coverture, CR 60, Divorce, QDRO, Standard of Review, Equitable Division, Expert, ERISA, Pension, Vesting, Retirement, Real Property, Offset, Tracing, Property Settlement Agreement, IRC, Military, Witness, KRS, KY, Kentucky, SOL, COLA, Trace

Kentucky Case Law Review by Topic: June 2024

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Kentucky Case Law Review by Topic: March 1, 2024 through April 31, 2024

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Ohio Case Law Review by Topic: December 1, 2020 through January 31, 2020

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Kentucky's Pension Reform Proposals - UPDATED

2018Eileen ZellMarch 7, 2018KRS, Kentucky, KTRS, KERS, KY, QDRO, COLA

Non-Employee Spouse is Entitled to Proportional Marital Share of COLAs

Brown v. Brown, NO. 2013-CA-001515-MR (Ky. App. 2015)
When a Decree Utilizes the Deferred Distribution Method (via QDRO or Similar Court Order), Post-Retirement Cost-of-Living Adjustments (COLAs) to the “Marital Portion” of a Pension are Subject to Equitable Division

Rendered: January 16, 2015
To Be Published
Opinion Affirming

I will not hide my enthusiasm for the Kentucky Court of Appeals’ recent opinion in Brown. Anyone who has ever utilized my services, or heard me speak at a CLE or other event, knows exactly where I stand on this issue. COLAs are a ‘negotiable’ marital asset in divorce, just like any other marital asset. Meaning, if you have not negotiated the distribution of COLAs in a divorce or dissolution action, you have not fully divided the pension.