Kentucky Case Law Review by Topic: August 1, 2023 through October 31, 2023

2023EZ QDRO LAWDecember 20, 2023Attorney Fees, Appeals, Avoiding Pitfalls, Tax, Marital Property, Maintenance, Family Law, Valuation, Laches, Statute of Limitations, IRA, Tracing, Standard of Review, Coverture, CR 60, Divorce, QDRO, Equitable Division, Expert, ERISA, Pension, Vesting, Retirement, FERS, Offset, Property Settlement Agreement, Survivorship, IRC, Witness, KY, Kentucky, COLA, Spousal Support, Support, Trace, Stocks

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

2021, 2020EZ QDRO LAWMarch 1, 2021Ohio, Appeals, Marital Property, QDRO, Equitable Division, Stocks, 401(k), Divorce, Standard of Review, ERISA, Retirement, Family Law, Property Settlement Agreement, IRC, O.R.C., OH, Tax, Attorney Fees, Tracing, Valuation, Coverture, Expert, Survivorship, IRA, Witness, Laches, COLA, DOPO, Pension, Trace, Support, Spousal Support

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.