Husband argued Family Court erred in awarding Wife a non-marital interest in the marital residence because she did not produce a copy of the CD with the funds for the basis of the non-marital claim or any other documentation. The Court of Appeals affirms finding no error as there was testimony about the non-marital nature of the CD sufficient to establish Wife’s claim and the Brandenburg formula was properly used to calculate the division of equity due to the home’s increase in value.
Husband also argued that the Family Court erred in awarding Wife spousal maintenance as she had sufficient property to meet her needs and had not attempted to obtain employment. The Court of Appeals again affirms the Family Court finding no error as the Court property considered the KRS 403.200(2) factors noting “efforts to secure employment” are not a part of KRS 403.200(2).
Digested by Elizabeth M. Howell