Kentucky Marital Settlement Agreement

Introduction

Key Things to Know

1. 1

   In Kentucky, where property acquired during the marriage is presumed marital no matter whose name is on the title, a marital settlement agreement is the written contract divorcing spouses use to settle that property and debt division, maintenance, and by reference custody and child support for the decree that ends the marriage.

2. 2

   Kentucky is an equitable distribution state: the court assigns each spouse their nonmarital property and divides the marital property without regard to marital misconduct in just proportions, considering the relevant factors in KRS 403.190. Just proportions means fair, not automatically 50/50.

3. 3

   Property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property under KRS 403.190, regardless of whose name holds title; that presumption can be overcome only by showing the property fits a listed nonmarital category such as a gift or inheritance.

4. 4

   Kentucky calls spousal support maintenance and has no statewide formula for it. A court may award maintenance only if the requesting spouse lacks sufficient property for reasonable needs and cannot support themselves through appropriate employment, then sets the amount and duration as it deems just after weighing the KRS 403.200 factors.

5. 5

   Child support follows Kentucky's statewide child support guidelines and table (KRS 403.212). Custody, support, and visitation of children are expressly excepted from the binding effect of a separation agreement (KRS 403.180), stay subject to court approval, and remain modifiable, so they cannot be bargained away.

6. 6

   Under KRS 403.180 the terms of your separation agreement, except the child terms, are binding on the court unless it finds them unconscionable after considering the economic circumstances of the parties. If not unconscionable, the terms are set forth verbatim or incorporated by reference in the decree and the parties are ordered to perform them.

7. 7

   A Kentucky marital settlement agreement must be a written agreement signed by both spouses (KRS 403.180). No Kentucky statute requires notarization, though signing before a notary can help prove the signatures are genuine. No decree is entered until the parties have lived apart for 60 days (KRS 403.170).

Kentucky Requirements for Marital Settlement Agreement

• Equitable Distribution, Just Proportions

  Kentucky is an equitable distribution state. Under KRS 403.190 the court assigns each spouse their nonmarital property and divides the marital property without regard to marital misconduct in just proportions, considering the relevant factors. Just proportions means fair, not automatically an equal 50/50 split.

• Marital and Nonmarital Property

  Property acquired by either spouse after the marriage and before a decree of legal separation is presumed marital under KRS 403.190, whoever holds title. That presumption is overcome only by showing the property fits a listed nonmarital category such as a gift, inheritance, or property owned before the marriage.

• No Statewide Maintenance Formula

  Kentucky calls spousal support maintenance and has no statewide formula. Under KRS 403.200 a court may award it only if the requesting spouse lacks sufficient property for reasonable needs and cannot support themselves, then sets the amount and duration as it deems just after weighing the statutory factors.

• Child Support Follows the Guidelines

  Child support follows the Kentucky statewide child support guidelines and table (KRS 403.212). Parents may agree on an amount, but child support is set to the guidelines and cannot be bargained away.

• Custody and Child Support Stay Modifiable

  Under KRS 403.180 the terms for custody, support, and visitation of children are excepted from the parts of the agreement that bind the court. They remain subject to court approval and can be modified later in the best interests of the children.

• In Writing and Signed

  A Kentucky marital settlement agreement must be a written agreement signed by both spouses (KRS 403.180). No statute requires notarization, but signing before a notary can help prove the signatures are genuine.

• Binding Unless Unconscionable

  Under KRS 403.180 the terms of the agreement, except the child terms, are binding on the court unless it finds them unconscionable after considering the economic circumstances of the parties. A court is never required to approve any particular agreement.

• Incorporation Into the Decree

  If the court finds the agreement not unconscionable, KRS 403.180 provides its terms are set forth verbatim or incorporated by reference in the decree and the parties are ordered to perform them, enforceable by contempt and as contract terms. No decree is entered until the parties have lived apart for 60 days (KRS 403.170).