# Kelly v. Kelly

> Supreme Court of Arkansas · June 16, 2011 · 381 S.W.3d 817

URL: https://www.frixlaw.com/law-library/cases/5111374

## Case

- **Full name:** John K. KELLY v. Christian Snowden KELLY
- **Court:** Supreme Court of Arkansas
- **Decided:** June 16, 2011
- **Citations:** 381 S.W.3d 817; 2011 Ark. 259; 2011 Ark. LEXIS 249
- **Precedential status:** Published
- **Opinion:** Concurrence by Berger
- **Judges:** Baker, Berger, Brown, Corbin, Danielson, Gunter, Henry
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5111374

## How later opinions describe it (automated extraction)

- stating that trial courts must consider the debts of divorcing parties in deciding questions of alimony

## Opinion text

VADA BERGER, Special Justice, concurring.
I concur in the court’s decision to reverse, but write separately to express two additional thoughts. First, while I agree that the stock in Tarco Roofing Materials was marital property, I do not think the case requires the court to | ,ndecide whether it is willing to recognize “the gift of a business opportunity!)]” Because I agree with the conclusion that the stock was acquired in exchange for the valuable consideration of a note receivable, I do not think it is necessary to make a broad statement about whether “a business opportunity” can be gifted. Second, I think it worth noting that nothing in the court’s opinion requires the circuit court to award half, or even any, of the stock in Tarco Roofing Materials to Mr. Kelly. Pursuant to Ark.Code Ann. § 9 — 12—815(a)(1) (Repl. 2009), the circuit court has the authority to make an unequal distribution of even marital property “if equity demands a different division[.]” See McDermott v. McDermott, 336 Ark. 557, 568 , 986 S.W.2d 843, 848 (1999); see also, e.g., Hernandez v. Hernandez, 371 Ark. 323, 327-29 , 265 S.W.3d 746, 750-51 (2007). The circuit court here may well conclude that equity warrants such an unequal distribution.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5111374. Public record. Not legal advice.