Stallings v. Stallings

LUKOWSKY, Justice.

The question presented is whether property acquired by a married person after an “actual” vis a vis a “legal” separation is marital property. The Court of Appeals answered negatively. We disagree.

Gay and Bob were married on August 20, 1962. They separated on January 1, 1976. Neither sought, and consequently, neither obtained, a decree of legal separation pursuant to KRS 403.140(2). A decree of dissolution of marriage was entered on June 16, 1978. Their property rights were adjudicated in a supplemental decree entered on December 1, 1978.

Only three items of property acquired…