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Wife shares in pension cost-of-living adjustments

A woman who received part of her ex-husband’s civil service pension at divorce was also entitled to share in his later cost-of-living adjustments, the Kentucky Court of Appeals recently decided.

When the couple divorced, the pension was divided equally between the husband and wife.

The husband argued that wife shouldn’t get any of the cost-of-living adjustments because they weren’t property that was accumulated during the marriage – they all happened after the divorce was final.

The court said that was true, but on the other hand, the cost-of-living adjustments weren’t the result of any work that the husband had performed after the marriage. The court said the adjustments were simply part of the pension, and since the wife got half the pension, she should get half the adjustments as well.

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