Catesby Woodford concentrates his practice in the area of domestic relations law. Catesby is a 1972 graduate of the University of Kentucky College of Law, where he served on the Kentucky Law Journal. Prior to joining Miller, Griffin & Marks, Catesby was the law clerk for Hon. Mac Swinford of the United States District Courts for the Eastern and Western Districts of Kentucky. Catesby is a Fellow of the American Academy of Matrimonial Lawyers.
Holman v. Holman, 84 S.W.3d 903 (1999-S.C.-525) (Ky. 2002)
This case concerned whether the husband’s disability retirement benefits were marital or non-marital property. Reversing the lower courts and enunciating a new rule of law, the Kentucky Supreme Court agreed with the husband to find that courts are to classify disability benefits according to the nature of the wages they replace rather than whether or not they are one of the excepted categories or whether the source of the funds used to acquire the benefits was marital. The Court found that because the disability benefits replaced post-dissolution wages that the husband would have received as a firefighter, those benefits are appropriately classified as the husband’s separate nonmarital property.
Family law/disability benefits/post dissolution wages/nonmaritaldisability retirement benefits are non-marital earnings under facts of case.Litigation Family Law