Tenner v. Tenner

As indicated, it is my view that entertaining the appeal in this case was necessitated by the existence of the Chapman v. Chapman, Ky., 498 S.W.2d 134 (1973). Supra, cited in majority opinion.

In that controversial case, the Court, in spite of a legislatively enacted no-fault divorce statute, declared that fault, while not to be considered in determining whether a spouse is entitled to maintenance, may, nevertheless, be considered as to the amount of that maintenance.

The rationale advanced by the Court is as follows:

Be that as it may, it is for this court to interpret the law, not to enact…