King v. King
Christopher and Beverly King were married in May 1986. They had one son, Gary King.[1] They separated in June 1994. Under their marital settlement agreement, Christopher agreed to maintain his life insurance policy in the net amount of $100,000 and keep Gary as the beneficiary. The trial court imposed the constructive trust, but denied Beverly's request for prejudgment interest and attorneys fees. The trial court partly based its decision on equity, stating, "Throughout these statutes and provisions, governing my decision in this matter are notations that this is a court of equity. . . . we have two innocent people here who are suffering a loss. And the $100,000 paid to Gary will be more than enough . . . [a]nd I will not diminish the amount of money available to Krishta any further." The order insofar as it denied the motion for attorney fees is reversed, and in all other aspects it is affirmed. The cause is remanded for further proceedings consistent with this opinion.
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