Legal Opinion · Concurrence

Gentry v. Gentry

Kentucky Supreme Court

Decided November 8, 1990No. 89-SC-501-DG, 89-SC-726-DGPublished

1ConcurrenceLeibson, Justice

I concur in the Majority Opinion as written.

The Majority Opinion states on p. 934: “A majority of this Court does not find [KRS 403.190(2)(d) ] to be a clear statement of intent specifically to authorize such agreements.”

I am part of the minority who believes this statute intends to authorize prenuptial agreements.

KRS 403.190(2) provides:

“For the purpose of this chapter, ‘marital property’ means all property acquired by either spouse subsequent to the marriage except:(a) Property acquired by gift, bequest, devise, or descent;(b) Property acquired in exchange for property acquired before the…

2Cases cited2 opinions

  1. Volid v. VolidAppellate Court of Illinois · 1972
  2. In Re Marriage of BurgessAppellate Court of Illinois · 1984

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