Ky. Rev. Stat. » Chapter 392
Kentucky Revised Statutes

Ky. Rev. Stat. § 392.090 (2026)

All property claims barred by divorce or adultery

✓ current as of May 2026
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(1) Absolute divorce bars all claim of either husband or wife to the property, real and personal, of the other after his or her decease.

(2) If either spouse voluntarily leaves the other and lives in adultery, the offending party forfeits all right and interest in and to the property and estate of the other, unless they afterward become reconciled and live together as husband and wife. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2133, 2144.

Notes of Decisions
Cited in 8 cases, 1945–2012 · leading case: O'Nan v. Comm'r, 47 T.C. 648 (Tax Ct. 1967).
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O'Nan v. Comm'r, 47 T.C. 648 (Tax Ct. 1967). · cites it 4× “Following are excerpts from pertinent provisions of the Kentucky Revised Statutes Annotated (KRS): KRS 392.”
Ping v. Denton, 562 S.W.2d 314 (Ky. 1978). · cites it 2× “KRS 392.090 is not of recent origin, and our research fails to disclose where it has ever been applied to the subject issue.”
United States v. Wood, 658 F. Supp. 1561 (W.D. Ky. 1987). · cites it 2× “See Ky.Rev.Stat. § 392.090(1). Consequently, if Mrs.”
Crady v. Hubrich, 185 S.W.2d 949 (Ky. Ct. App. 1945). · cites it 2× “Paragraph 3 pleaded in bar of plaintiff’s cause of action section 392.090, subsection (1), of the Kentucky Revised Statutes, which provides: “Absolute divorce bars all claim of either husband or wife to the property, real and personal, of the other after his or her decease.”
Griffin v. Rice, 381 S.W.3d 198 (Ky. 2012). · cites it 16× “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 KRS 392.090(2). The Court of Appeals reversed, holding the single act of…”
Denton v. Travelers Ins. Co., 555 S.W.2d 825 (Ky. Ct. App. 1977). · cites it 2× “It should be pointed out that while none of the previous cases terminating the right of the designated beneficiary in the insurance policy of a divorced spouse refer to KRS 392.090, this statute was not repealed at the time of the adoption of the so-called “no-fault” divorce and…”
Sapp v. Sapp, 193 S.W.2d 443 (Ky. Ct. App. 1946). “KRS 392.090; Bromley v. McCall, 174 Ky. 415 , 192 S.”
Henderson v. Thomas, 129 S.W.3d 853 (Ky. Ct. App. 2004). “For the reasons stated above, the circuit court’s dismissal is affirmed.”
— Ky. Rev. Stat. § 392.090(1) — 2 cases
United States v. Wood, 658 F. Supp. 1561 (W.D. Ky. 1987). “See Ky.Rev.Stat. § 392.090(1). Consequently, if Mrs.”
Ping v. Denton, 562 S.W.2d 314 (Ky. 1978). “KRS 392.090 is not of recent origin, and our research fails to disclose where it has ever been applied to the subject issue.”
— Ky. Rev. Stat. § 392.090(2) — 2 cases
Griffin v. Rice, 381 S.W.3d 198 (Ky. 2012). “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 KRS 392.090(2). The Court of Appeals reversed, holding the single act of…”
Henderson v. Thomas, 129 S.W.3d 853 (Ky. Ct. App. 2004). “For the reasons stated above, the circuit court’s dismissal is affirmed.”
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