Kentucky Revised Statutes
Ky. Rev. Stat. § 453.120 (2026)
Repealed, 1972
✓ current as of May 2026
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Catchline at repeal: Actions for alimony and divorce. History: Repealed 1972 Ky. Acts ch. 182, sec. 29. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 900.
Notes of Decisions
Cited in 54
cases, 1943–2001 · leading case: Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001).
Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001). “2d 91, 93 (1954), were all decided under former KRS 453.120, which provided: In actions for alimony or divorce, the husband shall pay the costs of each party, unless it appears in the action that the wife is in fault and has ample estate to pay the costs.”
Reed v. Reed, 457 S.W.2d 4 (Ky. Ct. App. 1970). “plus reimbursement of their out-of-office expenses, is reasonable and justified" as compensation for the services rendered to Jean by her attorneys and adjudged that Clyde should pay one-third of that fee and expenses.”
Knott v. Crown Colony Farm, Inc., 865 S.W.2d 326 (Ky. 1993). “In Tyler , we directed that an attorney’s fee be paid in a divorce case pursuant to KRS 453.120 (now replaced by KRS 403.220).”
Clark v. Clark, 425 S.W.2d 745 (Ky. Ct. App. 1968). “Under KRS 453.120 the husband is required to pay the wife's attorney fee if she has not ample estate *749 of her own.”
Sharp v. Sharp, 491 S.W.2d 639 (Ky. Ct. App. 1973). “2d 857 (1967), to-wit: “KRS 453.120 provides that ‘in actions for alimony and divorce, the husband shall pay the costs of each party, unless it appears in the action that the wife is in fault and has ample estate to pay the costs.”
Owens v. Clemons, 408 S.W.2d 642 (Ky. Ct. App. 1966). “There are other social purposes served by allowing the successful claimant to recover an attorney’s fee in this type of •case.”
Maher v. Maher, 174 S.W.2d 289 (Ky. Ct. App. 1943). “The statute providing for allowance of costs, which has been held to include counsel fees reads: “In actions for alimony and divorce, the husband shall pay the costs of each party, unless it appears in the action that the wife is in fault and has ample estate to pay the costs.”
Tyler v. Bryant, 394 S.W.2d 454 (Ky. Ct. App. 1965). “At the outset the position is taken that this matter is not properly before this Court because the record shows Randolph A.”
Hinton v. Hinton, 377 S.W.2d 888 (Ky. Ct. App. 1964). “KRS 453.120. The judgment is reversed to the extent that it awards custody of the children to appellee, and to the extent that it denies maintenance allowance, alimony and costs to the appellant; the trial court is directed to enter judgment consistent with this opinion.”
Bradley v. Bradley, 473 S.W.2d 117 (Ky. Ct. App. 1971). “KRS 453.120. Morgan v. Morgan, Ky., 427 S.”
Maynard v. Maynard, 251 S.W.2d 454 (Ky. Ct. App. 1952). “060 and KRS 453.120, such fees are taxed as costs by the trial court and costs may not accurately .”
Noel v. Noel, 210 S.W.2d 142 (Ky. Ct. App. 1947). “KRS 453.120 provides: “In actions for alimony and divorce, the husband shall pay the costs of each party, unless it appears in the action that the wife is in fault and has ample estate to pay the costs.”
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