Griffin v. Rice

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 administratrix of his estate, claimed Kathy was barred by Ky. Rev. Stat. 392.090(2) from receiving an interest in Curtis's estate. The 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 Griffin's proof at trial that Kathy had sexual intercourse with another man the night prior to Curtis's death, the trial court held that Kathy forfeited her interest in Curtis's estate pursuant to section 392.090(2). The court of appeals reversed. The Supreme Court affirmed, holding that the statutory language "lives in adultery" requires more than a single instance of adultery. View "Griffin v. Rice" on Justia Law