John K. Kelly, Appellant v. Christian Snowden Kelly, Appellee — Hart, J., Dissenting

Summary

Justice Hart, dissenting, would hold that the circuit court was required to apply the statutory presumption of equal marital-property division, consider the enumerated factors, and state written reasons for any unequal distribution. She also concludes that the circuit court lacked authority to withhold alimony owed to John while requiring him to pay a deficiency from the marital residence. Special Justice Amy Grimes, dissenting separately, agrees that the statutory factors were not properly analyzed and additionally would require release of the withheld alimony because it was intended to equalize the property division.