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

Summary

Justice Grimes, dissenting, would have held that the circuit court failed to apply the statutory factors governing an unequal division of marital property and abused its discretion by permitting unpaid alimony owed to John to be deposited in the court registry. She reasoned that the alimony was intended to equalize an unequal property distribution and that withholding it from John was unwarranted because Christy had no setoff right. Justice Hart, dissenting, likewise would have required application of the statutory factors and immediate release of the withheld alimony funds.