Courtenay v. Wilhoit

In Courtenay v. Wilhoit, Ky. App., 655 S.W.2d 41 (1983), the property settlement agreement that was incorporated into the divorce decree ordered the husband to pay the wife $ 140,000 in 121 equal monthly installment payments for her share of the property division. Both the agreement and the decree were silent with respect to interest. The wife later moved the court to award her interest on the amount from the date of the agreement. The court held that the interest statute applied to the separation agreement incorporated into the divorce decree, "but not until a judgment comes into being via a delinquent payment." Id. at 42. In other words, the husband was not required to pay interest unless he missed a payment. The court held that since the husband had kept his payments current, there was no judgment to which KRS 360.040 could apply. Id.