Legal Question in Family Law in Kentucky

Re: family law

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Determination of marital interest in pensions is one of the most complicated areas of family law in Kentucky.

The "Majauskas formula" refers to a New Your case which is not controlling under Kentucky law.

Kentucky follows the "time rule" formula, as described in Armstrong v. Armstrong, 34 S.W. 3d 83 (KYCA, 2000).

The "time rule" formula includes a marital fraction, sometimes referred to as a "coverture fraction," which determines the marital interest in the pensions. The marital fraction consists of the numerator which is the number of years (or months if more accurate) that the employee spouse has earned towards the pension during the marriage, over the denominator, which is the number of years (or months if more accurate) of total service towards the pension. The marital fraction is multiplied times the monthly benefit and divided in half (in order to divide the marital portion of the pension benefits). At the time the court establishes the percentage, the benefit is an unknown figure. Therefore, actual calculation of a dollar amount must await receipt of benefits.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney, with expertise in family law. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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