Griffin v. Rice

Opinion of the Court by

Justice ABRAMSON.

Kathy and Curtis Rice were married approximately four months before separating and filing for divorce. While they were separated but still married, Curtis died in a work-related accident. Jackie Griffin, Curtis’s mother and the adminis-tratrix of his estate, claims Kathy is barred by Kentucky Revised Statute (KRS) 392.090(2) from receiving an interest in Curtis’s estate. This statute provides that a spouse who voluntarily leaves the other and “lives in adultery” forfeits his or her right to and interest in the other’s estate and property. Based on…