Waggoner v. Waggoner

Respectfully, I dissent.

The Majority Opinion fails to recognize that while teachers are an appropriate separate class for education related purposes, it is purely arbitrary when KRS 161.700(2) treats them as such for the purpose of “division of marital property in an action for dissolution of marriage.”

The need for an attractive retirement system to “serve as an incentive to attract and retain teachers” is not a special reason. Teaching is not essentially different from any other occupation that contributes to the welfare of society. The issue is not whether such occupations should have an…