Prenuptial Agreements in Kentucky: What Makes Them Enforceable

A prenuptial agreement — commonly called a “prenup” — is a contract between two people who are about to marry. It sets out how property, debts, and financial matters will be handled during the marriage and in the event of divorce or death. While prenups were once seen as planning for failure, they are increasingly recognized as a practical tool for protecting both parties, particularly when one or both spouses bring significant assets, business interests, or children from prior relationships into the marriage.

Kentucky Law Governing Prenuptial Agreements

Kentucky has adopted the Uniform Premarital Agreement Act, codified at KRS 371.060 through KRS 371.070. Under this statute, a premarital agreement must be in writing and signed by both parties. It becomes effective upon marriage and does not require consideration beyond the marriage itself.

The statute gives couples broad latitude in what they can address. A prenuptial agreement may cover the rights and obligations of each party in any property, the right to buy, sell, or otherwise manage property, the disposition of property at separation or divorce, spousal maintenance (alimony), the making of a will or trust to carry out the agreement’s terms, and the ownership rights in and disposition of death benefits from life insurance policies.

However, there is one critical limitation: a prenuptial agreement cannot adversely affect the right of a child to support. Courts will not enforce any provision that reduces or eliminates child support obligations, regardless of what the parties agreed to before the marriage.

What Makes a Prenup Enforceable in Kentucky

Under KRS 371.065, a prenuptial agreement is enforceable unless the challenging party proves one of two things. First, that the agreement was not executed voluntarily — meaning one party was coerced, pressured, or did not freely consent. Second, that the agreement was unconscionable when it was executed and, before signing, the challenging party was not provided a fair and reasonable disclosure of the other party’s property and financial obligations, did not voluntarily waive the right to that disclosure in writing, and did not have — or reasonably could not have had — adequate knowledge of the other party’s finances.

Both prongs of the unconscionability test must be met: the agreement must be unconscionable and there must have been inadequate disclosure. An agreement that is lopsided but was signed with full knowledge of the other party’s finances will generally be enforced.

Voluntariness: The First Line of Defense

The most common challenge to a prenuptial agreement is that it was not signed voluntarily. Courts look at the totality of the circumstances. Was the agreement presented well before the wedding, or was it sprung on the other party days or hours before the ceremony? Did both parties have independent legal counsel, or did one party’s attorney draft the agreement and present it as a take-it-or-leave-it proposition? Was there a significant power imbalance between the parties — for example, age, education, language barriers, or financial sophistication?

A prenup presented at the rehearsal dinner with an implicit “sign this or the wedding is off” is far more vulnerable to challenge than one negotiated over several months with both parties represented by counsel.

Unconscionability and Disclosure

Unconscionability is judged as of the time the agreement was signed, not as of the time of divorce. An agreement that seemed fair in 2005 but looks unfair in 2025 because one spouse’s business exploded in value is not unconscionable — it was fair when signed.

The disclosure requirement is the practical safeguard. Each party should provide a complete and honest summary of their assets, income, and debts before the agreement is signed. Attaching financial schedules as exhibits to the agreement is standard practice and provides strong evidence of disclosure if the agreement is later challenged.

What a Kentucky Prenup Can and Cannot Do

A well-drafted prenup can protect pre-marital assets from being classified as marital property in a divorce under KRS 403.190. It can protect a family business from division. It can establish how retirement accounts, investment accounts, and real property will be treated. It can waive or limit alimony. It can protect an inheritance you expect to receive. And it can simplify the divorce process by resolving property division in advance.

A prenup cannot determine child custody or child support. It cannot include provisions that are illegal or against public policy. And it cannot be used to incentivize divorce — for example, a clause that pays one spouse a bonus for filing for divorce would likely be struck down.

Prenups and Estate Planning

Prenuptial agreements interact with estate planning in important ways. Under KRS 392.080, a surviving spouse has the right to take a forced share of the deceased spouse’s estate — known as the elective share, which is one-half of the surplus estate if there are no surviving descendants, or one-third if there are descendants. A prenuptial agreement can waive this right, which is particularly important for people entering second marriages who want to ensure their assets pass to children from a prior marriage.

Similarly, a prenup can waive the surviving spouse’s rights to exempt property, the family allowance, and homestead rights. Without a prenup, these statutory rights exist regardless of what your will says.

Practical Steps for a Strong Prenup

If you are considering a prenuptial agreement, several practical steps will help ensure it holds up. Start early — ideally several months before the wedding. Both parties should have independent attorneys. Full financial disclosure should be exchanged and documented. The agreement should be fair enough that a court will not find it unconscionable. And both parties should sign voluntarily, without pressure or ultimatums.

Buckles Law Office drafts and reviews prenuptial agreements for clients in Central Kentucky. If you are getting married and want to discuss whether a prenup is right for your situation, call (859) 225-9540.