Legal Opinion · Concurrence

Holman v. Holman

Kentucky Supreme Court

Decided June 13, 2002No. 1999-SC-0525-DGPublished

1ConcurrenceCooper, Justice

The only issue presented to this Court by this case is whether a disability annuity payable to a disabled firefighter pursuant to KRS 67A.460 is divisible as marital property in a divorce proceeding. The answer is found in KRS 67A.620, which provided at the time of this divorce:

The right to a retirement annuity, disability annuity, survivor’s annuity or benefit, death benefit, or any other benefit under the provision hereof, by whatever name called, or refund, is personal with the recipient thereof, and the assignment, garnishment, execution or transfer of such benefit or any part thereof…

2Cases cited13 opinions

  1. McCarty v. McCartySupreme Court of the United States · 1981
  2. Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
  3. Neidlinger v. NeidlingerKentucky Supreme Court · 2001
  4. Pongonis v. PongonisSupreme Judicial Court of Maine · 1992
  5. Brandenburg v. BrandenburgCourt of Appeals of Kentucky · 1981

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