Kentucky Postnuptial Agreement

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Updated August 07, 2022

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Kentucky postnuptial agreement is a legal document establishing terms for allocating marital assets of a couple in the event the couple’s marriage ends in divorce or death. While prenuptial agreements, or “prenups,” are entered into before a marriage begins, postnuptial agreements are signed after a couple is already married. Both documents, however, can be valuable estate planning tools to prevent the distribution of assets in a divorce proceeding that one of the spouses finds unfair.

Signing Requirements (Luck v. Luck (1986)) – Both parties must sign the agreement.

Laws

Permitted Content: The parties may enter into a written separation agreement containing

  • Provisions for maintenance of either spouse
  • Disposition of any property owned by either of them
  • Custody, support, and visitation of their children. KRS 403.180(1).

Support and Custody: In separation or divorce, judges are not bound to apply the terms of an agreement related to the custody, support, and visitation of children. KRS 403.180(2)

Binding Terms: Judges are bound by other terms unless the court finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, that the separation agreement is unconscionable. KRS 403.180(2)

Unconscionability: A court must evaluate the unconscionability (unreasonability) of an agreement at the time a party seeks to enforce it. Edwardson v. Edwardson (1990).