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Holman v. Holman6/13/2002
ples of the Law of Family Dissolution: Analysis and Recommendations ยง 4.08(2)(b) (A.L .I ., Proposed Final Draft, Part I, 1997), is misleading . Section 4.08(2)(b) of the A.L.I . proposed final draft does not state that the character of disability benefits is determined by the property those benefits replace but that " isability pay and workers' compensation payments are marital property to the extent they replace income or benefits [emphasis added] the recipient would have earned during the marriage but for the qualifying disability or injury ." Id . Substitution of the word "property" for "income or benefits" could lead some readers to conclude that our holding here is broader in scope than its presumed application only to disability retirement benefits.
Accordingly, I concur in the result reached in this case because that result is mandated by KRS 67A.620 . I do not join in the rationale articulated by the majority opinion in support of that result .
Graves and Johnstone, JJ., join this concurring opinion.
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