Taking the plunge in Kentucky? Congrats to you and your future spouse! Before you walk down the aisle, make sure you take the plunge into prenup world, as well. And don’t worry, getting a prenup in the Bluegrass State isn’t too difficult, as long as you follow the laws laid out by the state. Don’t know where to start? Don’t worry, we’ve got you covered—Let’s get into the top six things to know before getting a prenup in Kentucky. From the legal requirements to why they’re beneficial for your marriage, keep reading to learn more!
1. The legal requirements for a valid prenuptial agreement in Kentucky
Kentucky’s prenuptial agreement laws are governed by a patchwork of statutes and case law. These statutes and case law outline what is required to create and enforce a valid prenup in the state. Here’s what to know:
- Prenups must be in writing and signed by both parties
- Both parties must provide full financial disclosure to one another
- The agreement must not be unconscionable (i.e., it must not be overly one-sided or unfair)
- Both parties must enter into the agreement voluntarily, not under duress, coercion, or some other type of force
- The terms within the agreement must not be against public policy or other laws
These laws were put in place in Kentucky to ensure a fair agreement for both parties and to deter fraud. (See Gentry v. Gentry, 798 S.W.2d 928 (1990); Edwardson v. Edwardson, 798 S.W.2d 941 (1990)).
2. Kentucky follows equitable distribution laws in a divorce
Without a prenuptial agreement, your property will be divided according to state law, which, in Kentucky, means a judge will follow equitable distribution principles. This means your assets will be distributed equitably, not necessarily equally. A Kentucky judge will look at the factors laid out in Ky. Rev. Stat. § 403.190, such as duration of marriage and contribution of each spouse to the marriage, in order to determine who gets what.
With a prenup, you can override the equitable distribution principles in Kentucky to make your own rules. You can divide up your property how you and your partner want—and it doesn’t have to be 50-50, it can be whatever is fair and reasonable.
3. What to know about financial disclosure in Kentucky
One important legal requirement for prenuptial agreements in Kentucky is financial disclosure. This is the requirement that both future spouses share the full value of their assets, income, debts, and future inheritances (if known). This is to allow each party to understand what rights they’re giving up or obligations they’re agreeing to when entering into the marriage and prenuptial agreement. For example, if one party has a known inheritance of $100 million coming in a few years, it may be prudent information for the other party who may or may not want to waive their right to a portion of that inheritance or right to spousal support.
4. The circumstances must not have changed so much that it makes enforcing the agreement unreasonable
One way to get a Kentucky prenuptial agreement thrown out is if enforcing the agreement would be “unconscionable” (meaning egregiously unfair) at the time of divorce due to a change in circumstances. For example, the Kentucky Supreme Court in Gentry found that the prenuptial agreement was still valid because the change in circumstances from the time of the prenup creation and the divorce wasn’t enough to deem it unconscionable. The specific facts the court pointed out was that the couple kept their assets separate, as was mandated through the prenup. And even though one party’s money situation had actually gotten worse, that wasn’t enough to say it rose to the level of unconscionability. Plus, they’d both signed the prenup freely and voluntarily. So, the judge upheld the agreement. (See Gentry v. Gentry, 798 S.W.2d 928 (1990)).
5. Prenups are a way to create a strong marriage
Despite popular belief, prenuptial agreements can actually help couples enter into a marriage with a stronger foundation than had they not gotten a prenup. This is because of the tough conversations prenups force couples into. Conversations about money, life goals, financial goals, death, and divorce all help get couples on the same page about everything. For instance, getting a prenup usually requires a couple to discuss how they’ll handle money during the marriage (joint bank accounts vs. separate) this can open up discussions about broader financial topics, spending habits, and more. Plus, there’s proof: 83% of HelloPrenup clients who got a prenup said they felt closer together after going through the prenup process.
6. You can amend your prenuptial agreement if you need to
Most well-drafted prenuptial agreements carve out space for future life changes—changes in careers, finances, and unexpected business/money. However, sometimes life throws us lemons that we couldn’t possibly predict. Things like an enormous financial windfall that potentially changes one of the party’s decisions in the agreement. Or maybe one party unexpectedly decided to quit their job and stay home with the kids, which totally alters many of the terms carved out for the future. Whatever the case may be, you can amend your prenuptial agreement in Kentucky as long as you follow the rules laid out for the original agreement, such as putting the agreement in writing, having it signed, sharing financials with each other, and making sure the agreement is fair and reasonable.
The bottom line on Kentucky prenuptial agreements
Well, there you have it. The top six things to know about prenups in Kentucky. Make sure you put the agreement in writing, have it signed, provide financial disclosure, enter into the agreement voluntarily, and make sure the agreement is reasonable. Be aware that the agreement may be thrown out if circumstances change egregiously, but a mere change in financial situation may not be enough to get it invalidated. And, remember, prenups are about more than protecting your separate property. They’re also about creating marital harmony by putting you and your future spouse on the same page before walking down the aisle. Happy prenup planning!
Ashley Barber Sexton is a compassionate and strategic family law attorney based in Fort Mitchell, Kentucky, and the founder of Sexton Law, PSC. Drawing from her own experience with divorce and co-parenting, she provides empathetic legal support in areas such as divorce, custody, adoption, mediation, estate planning, and domestic violence. A graduate of Salmon P. Chase College of Law and a member of the Kentucky Bar since 2016, Ashley is an active leader in the legal community and a trained mediator, offering collaborative divorce services. She was named a 2025 Kentucky Rising Star by Super Lawyers and is a partner attorney with HelloPrenup, helping make prenuptial agreements more accessible and affordable.
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