STATE GUIDE · UPDATED 2026

Prenuptial Agreements in Kentucky: Requirements & How to Get One

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Is a prenup enforceable in Kentucky? The short answer

Yes — prenuptial agreements are legally enforceable in Kentucky under Kentucky law (KRS 371.010(5) (statute of frauds — agreements in consideration of marriage must be in writing)). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It should be notarized (strongly recommended, though not legally required), and both partners should have a real opportunity to review it well before the wedding.

Kentucky at a glance

Legal framework
Case-law (common law) framework
Property system
Equitable distribution

Courts divide marital property fairly (not necessarily equally) unless your agreement says otherwise.

Notarization
Recommended
Witnesses
Not required
Financial disclosure
Standard — fair and reasonable disclosure
Independent lawyers
Recommended
Spousal support terms
Can be set in your agreement

Kentucky prenup questions, answered

Are prenuptial agreements enforceable in Kentucky?

Yes. Kentucky enforces prenuptial agreements under long-standing court decisions (case law). The governing law is KRS 371.010(5) (statute of frauds — agreements in consideration of marriage must be in writing). The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.

Does a prenup need to be notarized in Kentucky?

Notarization is not strictly required in Kentucky, but strongly recommended — a notarized agreement is significantly harder to challenge in court, and OurPrenup's Kentucky signing instructions include it.

Do you need witnesses to sign a prenup in Kentucky?

No — Kentucky does not require witnesses for a prenuptial agreement. Both partners' signatures (ideally notarized) are what matter.

Do we each need a lawyer to get a prenup in Kentucky?

No — Kentucky does not require either partner to hire a lawyer for a valid prenup. Independent review is still recommended, and every OurPrenup agreement documents that both partners had the opportunity to seek counsel.

Is Kentucky a community property state?

No. Kentucky is an equitable distribution state — without an agreement, courts divide marital property "fairly," which is not necessarily equally. A prenup replaces that uncertainty with rules you both chose.

Can a prenup waive or limit spousal support (alimony) in Kentucky?

Yes — Kentucky allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review and statutory safety valves that protect a spouse from being left in hardship. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.

What financial disclosure does Kentucky require for a prenup?

Each partner must make a fair and reasonable disclosure of their assets, debts, and income before signing. Hiding assets is the fastest way to make a prenup unenforceable in Kentucky. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.

When should we sign our prenup in Kentucky?

Kentucky has no fixed statutory deadline, but signing well before the wedding matters: agreements signed days before a wedding are the easiest to attack as pressured. Most attorneys recommend having the agreement finished at least 30 days before the wedding.

How much does a prenup cost in Kentucky?

Attorney-drafted prenups in Kentucky commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete Kentucky-specific prenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step Kentucky signing instructions — with optional online e-sign and notarization for $50.

How to sign your prenuptial agreement in Kentucky

  1. 1

    Both parties review the final prenuptial agreement and all attached financial schedules.

  2. 2

    Both parties sign the prenuptial agreement.

  3. 3

    Have the agreement notarized. While Kentucky does not legally require notarization, we strongly recommend it. Notarized agreements are significantly harder to challenge in court.

  4. 4

    Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.

Who needs to be there

  • 2 × Signing parties
  • 1 × Notary Public (recommended)

3 people total at signing

Governing law

  • KRS 371.010(5) (statute of frauds — agreements in consideration of marriage must be in writing)

This guide is general information about Kentucky law, not legal advice. For advice on your specific situation, consult a licensed attorney in Kentucky. See our full legal disclaimer.

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