Fry v. Kersey

HUDDLESTON, Judge.

Helen Fry appeals from a 1991 Boyd Circuit Court order which overruled her CR 60.02(f) motion to reopen the 1986 final decree dissolving her marriage to Bobby Kersey. Fry argues that because the trial court did not allocate Kersey’s pension plan when it distributed the parties’ other marital assets, the case should be remanded to the trial court with directions to distribute the retirement benefits between the parties.

In 1978, the Supreme Court, in separate opinions, held that any interest that a party may have in the property of the other which is not disposed of by the…