LexyCorpus case page
CourtListener opinion 11228237
Date unknown · US
- Extracted case name
- MR CHARLES F. HOLDEN APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE DERWIN L. WEBB
- Extracted reporter citation
- 578 S.W.3d 356
- Docket / number
- 2024-CA-1468-MR CHARLES F. HOLDEN APPELLANT
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 11228237 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
Retrieval annotation
Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: pension / defined benefit issues
Evidence quotes
QDRO“ined benefit pensions for both his military service and his civilian employment. The UPS account is a private sector retirement plan, so it falls under the Employee Retirement Income Security Act ("ERISA"). Therefore, equitable division was achieved via a Qualified Domestic Relations Order, or QDRO. Military retirement plans are not covered by ERISA, however, so the parties addressed the military pension in the property settlement agreement negotiated prior to the divorce. Unfortunately, as the trial court observed, the section dealing with the military retirement was "short, vague, and ambiguous."1 The parties entered into a subsequent”
retirement benefits“ly benefit. The Holdens separated in 2011. Divorce proceedings were protracted due to custody discussions regarding two then minor children, challenges accompanying the sale of a marital home, accounting issues related to the division of Husband's future retirement benefits, and an acknowledged filing error in the clerk's office. Due to these various delays, although the property settlement agreement was filed in 2012, the final decree of dissolution was not officially entered until 2013. -2- Husband has two vested retirements: he is entitled to receive defined benefit pensions for both his military service and his civ”
pension“s under the Employee Retirement Income Security Act ("ERISA"). Therefore, equitable division was achieved via a Qualified Domestic Relations Order, or QDRO. Military retirement plans are not covered by ERISA, however, so the parties addressed the military pension in the property settlement agreement negotiated prior to the divorce. Unfortunately, as the trial court observed, the section dealing with the military retirement was "short, vague, and ambiguous."1 The parties entered into a subsequent agreement in 2014 to clarify matters. Per this agreement, Husband agreed to participate in the Survivor Benefit Plan”
ERISA“d has two vested retirements: he is entitled to receive defined benefit pensions for both his military service and his civilian employment. The UPS account is a private sector retirement plan, so it falls under the Employee Retirement Income Security Act ("ERISA"). Therefore, equitable division was achieved via a Qualified Domestic Relations Order, or QDRO. Military retirement plans are not covered by ERISA, however, so the parties addressed the military pension in the property settlement agreement negotiated prior to the divorce. Unfortunately, as the trial court observed, the section dealing with the military”
Source and provenance
- Source type
- courtlistener_qdro_opinion_full_text
- Permissions posture
- public
- Generated status
- machine draft public v0
- Review status
- gold label pending
- Jurisdiction metadata
- US
- Deterministic extraction
- reporter: 578 S.W.3d 356 · docket: 2024-CA-1468-MR CHARLES F. HOLDEN APPELLANT
- Generated at
- May 14, 2026
Related public corpus pages
Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
RENDERED: DECEMBER 19, 2025; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2024-CA-1468-MR
CHARLES F. HOLDEN APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
v. HONORABLE DERWIN L. WEBB, JUDGE
ACTION NO. 11-CI-503722
RACHAEL A. HOLDEN APPELLEE
OPINION
VACATING AND REMANDING
AND ORDER DENYING
** ** ** ** **
BEFORE: THOMPSON, CHIEF JUDGE; CETRULO AND MOYNAHAN,
JUDGES.
MOYNAHAN, JUDGE: Appellant, Charles F. Holden ("Husband"), appeals from
an October 2024 order of the Jefferson circuit court that found him in violation of a
June 2015 agreed order. He also appeals that court's denial of his subsequent
motion to alter, amend, or vacate the 2024 order. Appellee, Rachael A. Holden
("Wife"), filed a motion for sur-reply in response to Husband's reply brief. After a
careful review of the record, we VACATE and REMAND the October 2024 order
and DENY the motion for sur-reply.
BACKGROUND
The Holdens married in California in 1991. Husband worked as a
pilot throughout the marriage, first as an officer in the United States Air Force
("USAF"), and later as a commercial pilot for United Parcel Services ("UPS"),
based in Louisville. In 1994, Husband accepted an early release buyout offered to
servicemembers after the first Gulf War. In return for leaving active-duty military
service before becoming retirement eligible, he received a one-time monetary
payout. Husband later rejoined the USAF and was then obligated to repay the
buyout sum. Husband began collecting his military retirement in 2021, and
repayment of the buyout is being achieved via installment payments that are
automatically withheld from his monthly benefit.
The Holdens separated in 2011. Divorce proceedings were protracted
due to custody discussions regarding two then minor children, challenges
accompanying the sale of a marital home, accounting issues related to the division
of Husband's future retirement benefits, and an acknowledged filing error in the
clerk's office. Due to these various delays, although the property settlement
agreement was filed in 2012, the final decree of dissolution was not officially
entered until 2013.
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Husband has two vested retirements: he is entitled to receive defined
benefit pensions for both his military service and his civilian employment. The
UPS account is a private sector retirement plan, so it falls under the Employee
Retirement Income Security Act ("ERISA"). Therefore, equitable division was
achieved via a Qualified Domestic Relations Order, or QDRO. Military retirement
plans are not covered by ERISA, however, so the parties addressed the military
pension in the property settlement agreement negotiated prior to the divorce.
Unfortunately, as the trial court observed, the section dealing with the military
retirement was "short, vague, and ambiguous."1
The parties entered into a subsequent agreement in 2014 to clarify
matters. Per this agreement, Husband agreed to participate in the Survivor Benefit
Plan ("SBP") when he reached retirement age in order to provide continued
income to Wife in the event of his death. Wife agreed to pay the monthly
premiums for the SBP. In 2015, another agreed order was entered stating that
Husband was prohibited from taking any action that would reduce or limit Wife's
monthly entitlement.2
The SBP premiums began accruing in 2021 when Husband started
receiving his military pension. Wife failed to pay the premiums as promised.
1
Order, February 21, 2014, p. 2, Record on Appeal ("ROA") at 218-221.
2
Order, June 16, 2015, ROA at 312-313.
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Husband's direct requests yielded no results, so he filed a motion to compel Wife
to comply with the 2014 agreed order and pay the SBP premiums. Wife
immediately responded by filing a motion for unauthorized reductions to her
entitlement in violation of the 2015 agreed order. Husband had elected to receive
certain Veterans Administration ("VA") benefits that he was eligible for, resulting
in a VA Waiver deduction to his retired pay. Also, mandatory installment
payments were being withheld from his monthly benefit pursuant to the
aforementioned debt owed to the United States government. These two facts
reduced Husband's net monthly benefit amount, thereby reducing the base amount
used to calculate Wife's entitlement as a former spouse.
PROCEDURAL HISTORY
Husband filed for divorce in 2011. The parties agreed on a marital
property settlement delineating their respective property rights in 2012. A final
decree of dissolution was entered in 2013, and the final decree incorporated the
preceding property settlement agreement by reference. The parties executed
additional agreed orders in 2014 and 2015 that addressed retirement issues.
In October 2022, Husband filed a motion to compel Wife to pay the
SBP premiums as promised in the 2014 order. Wife then filed a motion requesting
relief for reductions to her former spouse entitlement. The trial court ordered the
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parties to mediate, but mediation attempts proved unsuccessful. The case then
proceeded to a hearing.
The trial court issued an order in October 2024 styled "Findings of
Fact and Conclusions of Law (Proposed by Respondent)" in which it adopted
Wife's proposed findings of fact and conclusions of law verbatim. Husband filed a
motion to alter, amend, or vacate the order. The trial court denied the motion.
Husband timely filed a Notice of Appeal. His appeal is twofold: he is
appealing both the trial court's October 2024 findings of fact and conclusions of
law and its denial of his motion to alter, amend, or vacate that order.3
Following the normal appellate briefing sequence, Wife tendered a
sur-reply along with a motion requesting the Court permit it to be filed. The
motion for sur-reply will be addressed below.
STANDARD OF REVIEW
Kentucky Civil Rule of Procedure ("CR") 52.01 provides that
"Findings of fact[] shall not be set aside unless clearly erroneous, and due regard
3
Husband's motion to alter, amend, or vacate the October 2024 order pursuant to CR 59.05 was
denied. When a motion to alter, amend, or vacate is denied, the underlying judgment remains in
effect and unchanged. Any appeal must be from that judgment, because the order denying the
CR 59.05 motion is not the final and appealable decision. These denials are considered
interlocutory in nature; therefore, they are not subject to appellate review. Ford v. Ford, 578
S.W.3d 356, 366 (Ky. App. 2019); see also Cassetty v. Commonwealth, 495 S.W.3d 129, 131-
132 (Ky. 2016); Marshall v. Paducah, 618 S.W.2d 433 (Ky. App. 1981); and Kentucky Revised
Statute ("KRS") 22A.020. For this reason, our substantive review is necessarily limited to
Husband's appeal of the trial court's October 2024 order.
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shall be given to the opportunity of the trial court to judge the credibility of the
witnesses."
A judgment is not clearly erroneous if it is supported by substantial
evidence, which is defined as "evidence of substance and relevant consequence
having the fitness to induce conviction in the minds of reasonable men." Owens-
Corning Fiberglas Corp. v. Golightly, 976 S.W.2d 409, 414 (Ky. 1998) (citing
Kentucky State Racing Commission v. Fuller, 481 S.W.2d 298, 308 (Ky. 1972)).
"Finally, a trial court has wide discretion in dividing marital property;
and we may not disturb the trial court's rulings on property-division issues unless
the trial court has abused its discretion." Smith v. Smith, 235 S.W.3d 1, 6 (Ky.
App. 2006). "The test for abuse of discretion is whether the trial judge's decision
was arbitrary, unreasonable, unfair, or unsupported by sound legal principles."
Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999).
ANALYSIS
I. Survivor Benefit Plan Premiums and the October 2024 Order
Husband contends that Wife should reimburse him for the full amount
of the monthly SBP premium.4 Wife disagrees and argues that she is only
obligated to pay a lesser portion of the SBP premium. She also alleges that
Husband is in contempt of the 2015 agreed order, because he has reduced her
4
The SBP premium is currently $366 per month.
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former spouse entitlement by receiving his VA benefits and continuing to repay the
government debt owed for the service buyout.
Both parties agree that Wife is legally responsible for all fees, costs,
or premiums associated with the SBP.5 In dispute is how to accurately determine
the exact amount of that monthly obligation. Since the Defense Finance
Accounting Service ("DFAS") will not bill SBP premiums directly to former
spouses, Wife is supposed to reimburse Husband directly for the premium each
month. Husband contends that Wife should reimburse him the full amount of the
monthly SBP premium – even as that amount increases through annual cost of
living adjustments. Wife contends that she should only pay Husband 70% of the
premium amount each month. The DFAS accounting system automatically
deducts the SBP premium from Husband's gross monthly retirement pay before it
calculates Wife's former spouse entitlement. This means that her former spouse
entitlement is calculated on a lower base amount: Husband's gross retirement pay
minus the SBP premium. Thus, Wife argues that she should only be held
responsible for 70% of the total SBP premium amount to offset the automatic
reduction to her monthly benefit.
As noted above, the parties entered into an additional agreement in
2015 that prohibits Husband from taking any action that would reduce the amount
5
Order, February 21, 2014, ROA at 218-221.
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of Wife's former spouse entitlement. This agreement specifically bars Husband
from rolling over the military pension into other retirement accounts. It also
specifically bars him from seeking "Veterans Administration benefits, Combat
Related Special Compensation and/or Concurrent Retirement and Disability Pay."
The order is silent regarding the government debt incurred back in 1994, when the
couple was establishing their family, and which is now being recouped via
automatic deductions. Notably, unlike with marital property, there is no statutory
presumption that a debt incurred during a marriage is marital in nature.6 Instead,
debts are reviewed and assigned based on multiple factors such as the timing and
receipt of benefits, the use of any proceeds, and the extent of participation. Smith,
235 S.W.3d 1. The October 2024 order lacks any discussion or analysis of this
debt that would explain why Wife should or should not bear some of its repayment
cost. Nor does the order address how Husband could retroactively renege on a
legally incurred debt to the United States government. Since the 2015 agreement
did not address the government debt, these are among the issues the trial court
would be expected to consider and decide in its final order.
Husband (Petitioner) and Wife (Respondent) both proffered proposed
findings of fact and conclusions of law to the trial court. The court then went on to
6
See KRS 403.190 "Disposition of property" which defines marital property and governs its
disposition upon dissolution.
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adopt Wife's proposed findings and conclusions. This fact pattern alone does not
constitute reversible error. Bingham v. Bingham, 628 S.W.2d 628 (Ky. 1982).
However, a long line of preceding appellate cases including Bingham, have all
made it abundantly clear that a trial court must exercise independent judgment and
never cede its ultimate fact-finding and decision-making responsibility to the
parties under CR 52.01. Basham v. Basham, 710 S.W.3d 1 (Ky. App. 2025);
T.R.W. v. Cabinet for Health and Family Services, 599 S.W.3d 455 (Ky. App.
2019); Callahan v. Callahan, 579 S.W.2d 385 (Ky. App. 1979); Kentucky Milk
Marketing and Anti-Monopoly Commission v. Borden Company, 456 S.W.2d 831
(Ky. 1969). In this case, several features of the October 2024 order give us pause.
It was entered still styled as "Findings of Fact and Conclusions of Law (Proposed
by Respondent)." A closer review reveals that there are no differences, in form or
substance, between the document Wife tendered and the order entered by the trial
court. Wife's proposals were all adopted verbatim, even down to the formatting,
pagination, and spacing. There are no additions, deletions, revisions, or
corrections. A side-by-side comparison of Wife's proposed findings and
conclusions and the ones ultimately entered by the trial court shows no
modifications whatsoever. In fact, an incorrect number related to the SBP
premium was adopted on page 11 of the document. Typographical errors are
unavoidable, but the mistake adopted here was more substantive and material than
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the misplaced apostrophes described in Retherford v. Monday, 500 S.W.3d 229,
231 (Ky. App. 2016). Indeed, an accurate calculation of the SBP percentage was
one of the central issues being litigated in this case.
Wife concedes that under the clear language of the Uniformed
Services Former Spouses' Protection Act ("USFSPA"),7 "disposable retired pay"
excludes SBP deductions, VA Waivers, or debt repayments. She further
acknowledges that Kentucky courts have consistently upheld this law, and the
Kentucky Supreme Court specifically addressed and excluded VA benefits
received in lieu of military retirement pay from marital property division in Davis
v. Davis, 777 S.W.2d 230, 233 (Ky. 1989). However, she points to the Davis
court's recognition that application of the law can result in potential inequities to
the former spouse to support her arguments. The Davis court addressed that
potential for an unfair result though, by noting that trial courts have the power to
mitigate any inequities by using their broad discretion to award spousal support
and/or divide other marital property. Kentucky's appellate courts acknowledge
that discretionary power and afford it great deference in these matters. However,
that discretion must be exercised before deference can be given. Cumulatively, the
concerns noted above raise legitimate questions about whether the trial court
undertook the independent fact finding and deliberation required by CR 52.01.
7
10 United States Code ("U.S.C.") § 1408.
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It is not improper for a trial court to invite counsel to submit proposed
findings and conclusions to facilitate its deliberations. Nor is it improper for a trial
court to use such submissions to assist with the clerical work necessarily involved
in drafting a final order. However, CR 52.01 does not permit a trial court to
delegate its deliberative responsibilities to the parties. This divorce case presents
complicated factual and legal situations pertaining to financial accounting, military
pensions, marital debt, and the agreements that parties must sometimes enter into
to compensate for DFAS's relatively inflexible accounting system. These are not
routine clerical matters that can be delegated for administrative convenience, they
are complex matters that demand a trial court's careful deliberation, detailed
findings, and independent conclusions.
II. Motion for Sur-Reply
Wife tendered a sur-reply with an accompanying motion requesting
that it be filed and considered as part of the record. Sur-replies are not a permitted
filing pursuant to Kentucky Rule of Appellate Procedure ("RAP") 30. This rule
states: "No briefs other than those listed below or amicus curiae briefs pursuant to
RAP 34 will be considered except on order of the court." Sur-replies are not
included in the filings explicitly delineated by RAP 30. Therefore, Wife's motion
for sur-reply must be denied.
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CONCLUSION
For the reasons set forth above, we hereby VACATE the October 2,
2024 order, and REMAND with instructions that the trial court make its own
findings of fact and conclusions of law based on the totality of the evidence
presented as required by CR 52.01. Further, the Appellee's motion for sur-reply is
hereby DENIED.
ALL CONCUR.
ENTERED: ___12-19-2025___
JUDGE, COURT OF APPEALS
BRIEFS FOR APPELLANT: BRIEF FOR APPELLEE:
Allison Spencer Russell Jonathan S. Ricketts
Louisville, Kentucky Louisville, Kentucky
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