Stallings v. Stallings, 606 S.W.2d 163 (Ky. 1980). · Go Syfert
Stallings v. Stallings, 606 S.W.2d 163 (Ky. 1980). Cases Citing This Book View Copy Cite
45 citation events (40 in the last 25 years) across 3 distinct courts.
Strongest positive: Kelli Gwendolyn Wright v. Jeffrey James Wright (kyctapp, 2025-08-29)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
cited Cited as authority (rule) Kelli Gwendolyn Wright v. Jeffrey James Wright
Ky. Ct. App. · 2025 · confidence medium
Stallings v. Stallings, 606 S.W.2d 163, 164 (Ky. 1980).
cited Cited as authority (rule) Angela Hayden v. Victor Lamont Hayden
Ky. Ct. App. · 2023 · confidence medium
Stallings v. Stallings, 606 S.W.2d 163, 164 (Ky. 1980).
discussed Cited as authority (rule) Lisa Thielmeier v. Kenneth Thielmeier
Ky. · 2022 · confidence medium
Neither party asserted that any of the exceptions to this statute applied to the ACE 401(k). 18 Stallings, 606 S.W.2d at 164 (holding that all property acquired during a period of separation is martial unless one of the exceptions under KRS 409.190(2) applies). 19Id. at 164 (“[I]n distributing the marital property, the trial court shall consider the factors in KRS 403.190(1)(a)-(d).”). 16 seemed to rely upon Ken’s sole argument that Lisa did not contribute to the 401(k) after he left the marital residence.
discussed Cited as authority (rule) Roberta Ann Phelps v. Michael Phelps
Ky. Ct. App. · 2021 · confidence medium
In Stallings v. Stallings, the Kentucky Supreme Court addressed whether marital assets should be valued as of the date the parties separated or as of the date of the dissolution decree. 606 S.W.2d 163, 163-64 (Ky. 1980).
cited Cited as authority (rule) Wilder v. Wilder
Ky. Ct. App. · 2009 · confidence medium
Shively, 233 S.W.3d at 740 (quoting Stallings v. Stallings, 606 S.W.2d 163, 164 (Ky.1980)).
discussed Cited as authority (rule) Travis v. Travis (2×)
Ky. · 2001 · confidence medium
See also Mercer v. Mercer, Ky., 836 S.W.2d 897, 899-900 (1992) ("[A] mere increase in value of nonmarital property remains nonmarital." Id. at 900 ); Marcum v. Marcum, Ky., 779 S.W.2d 209, 210-211 (1989) ("There is a distinction between an increase in value of property which occurs without effort on the part of the owners and the increase in the value of property that occurs as a result of the efforts of the parties.” Id.); Stallings v. Stallings, Ky., 606 S.W.2d 163, 164 (1980) (" ‘[T]eam or joint efforts’ ... may convert the increase in value of non-marital property into marital proper…
cited Cited "see" Bridgett F. Wells v. Brian C. Wells
Ky. Ct. App. · 2026 · signal: see · confidence high
See generally Stallings v. Stallings, 606 S.W.2d 163, 163-64 (Ky. 1980).
cited Cited "see" Scott Williams Mitchell v. Cher Beilfuss Mitchell
Ky. Ct. App. · 2025 · signal: see · confidence high
See 403.190; see Stallings v. Stallings, 606 S.W.2d 163, 164 (Ky. 1980); see also Thielmeier, 664 S.W.3d at 573.
cited Cited "see" Scott William Mitchell v. Cher Beilfuss Mitchell
Ky. Ct. App. · 2025 · signal: see · confidence high
See 403.190; see Stallings v. Stallings, 606 S.W.2d 163, 164 (Ky. 1980); see also Thielmeier, 664 S.W.3d at 573.
cited Cited "see" Marcia Ann Dall v. Roger Wayne Dall
Ky. Ct. App. · 2024 · signal: see · confidence high
See Stallings v. Stallings, 606 S.W.2d 163, 164 (Ky. 1980); see also KRS 403.140(2).
discussed Cited "see" Micquel Brown v. Jamon Brown (2×)
Ky. Ct. App. · 2023 · signal: see · confidence high
See Stallings v. Stallings, 606 S.W.2d 163, 164 (Ky. 1980).
discussed Cited "see" Wency Shaida v. Punam Shaida
Ky. Ct. App. · 2021 · signal: see · confidence high
See KRS 403.190(1)(d) (stating that when dividing marital property, the court should consider the “[e]conomic circumstances of each spouse when the division of property is to become effective[.]”). -19- However, the general rule is that marital property “must be valued as of the date of the dissolution decree.” Shively v. Shively, 233 S.W.3d 738, 740 (Ky.App. 2007) (relying on Stallings v. Stallings, 606 S.W.2d 163 (Ky. 1980)).
cited Cited "see" Green v. Commissioner
Tax Ct. · 1986 · signal: see · confidence high
See Stallings v. Stallings, 606 S.W.2d 163 , 164 (Ky. 1980) .
Retrieving the full opinion text from the archive…
Gay H. STALLINGS, Movant
v.
Robert G. STALLINGS, Respondent
Kentucky Supreme Court.
Sep 23, 1980.
606 S.W.2d 163
D. H. Robinson, Bart Adams, Paula A. Bierley, Louisville, for movant., William Blackburn, Louisville, for respondent.
Lukowsky, Palmore.
Cited by 24 opinions  |  Published
LUKOWSKY, Justice.

The question presented is whether property acquired by a married person after an “actual” vis a vis a “legal” separation is marital property. The Court of Appeals answered negatively. We disagree.

Gay and Bob were married on August 20, 1962. They separated on January 1, 1976. Neither sought, and consequently, neither obtained, a decree of legal separation pursuant to KRS 403.140(2). A decree of dissolution of marriage was entered on June 16,[*164] 1978. Their property rights were adjudicated in a supplemental decree entered on December 1, 1978.

Only three items of property acquired after the marriage need be considered here:

Relying on Culver v. Culver, Ky.App., 572 S.W.2d 617, 623 (1978), the Court of Appeals held that only the values at separation were includable in the marital estate because the later increments in value were the product of Bob’s individual earning capacity rather than the “team or joint efforts” of the parties.

KRS 403.190(2) provides in part:

“For the purpose of this chapter, ‘marital property’ means all property acquired by either spouse subsequent to the marriage except:
(c) Property acquired by a spouse after a decree of legal separation;
(e) The increase in value of property acquired before marriage to the extent that such increase did not result from the efforts of the parties during marriage.”

Even a cursory examination of this statutory subsection makes the intent of the legislature as simple as “ABC”.

A. All property acquired by either spouse after marriage is marital property unless it falls within one of the listed exceptions.

B. “Separation” means a legal one granted by a decree entered pursuant to KRS 403.140(2). The language of the legislature is so definitive it not only does not require, but rather prohibits, us from en-grafting any exception based on mere “actual” separation.

C. The concept of “team or joint efforts” is not germane to the determination of whether property is marital or not. At most it may convert the increase in value of non marital property into marital property.

Because Bob has failed to show that all or part of the three items of property, all of which were acquired subsequent to marriage, fall within the cited exceptions, they are marital property in their entirety.

The Court of Appeals apparently felt that exception (e) which refers to property acquired before marriage was applicable to marital property earned or purchased in the interim between an “actual” separation and the decree of dissolution. In other words, the Court sought to treat marital property as defined by the statute as nonmarital property. The statute is clear. It does not permit such an interpretation. What we have here is marital property because none of the items fit into any of the exceptions.

On remand, in distributing the marital property the trial court shall consider the factors in KRS 403.190(l)(a) through (d). One of these factors is the “contribution of each spouse to acquisition of the marital property, including contribution of a spouse as homemaker.” In this respect, the concept of “joint or team effort” will apply to the property in issue because it is marital property.

It should be noted, however, that the “contribution of a spouse as a homemaker” does not necessarily cease when the other spouse leaves, especially when minor children remain with the homemaker-spouse. Although she may no longer be providing services directly to her spouse, she may be assisting him by caring for his children, thus continuing to enhance to some degree his ability to earn a living.

The decision of the Court of Appeals and the judgment of the Jefferson Circuit Court are affirmed in part and reversed in part, and this cause is remanded to the trial court for the entry of a judgment consistent herewith.

All concur except PALMORE, C. J., who did not sit.