KRS 403.180: Separation agreement -- Court may find unconscionable.

(1) To promote amicable settlement of disputes between parties to a marriage attendant

upon their separation or the dissolution of their marriage, the parties may enter into

a written separation agreement containing provisions for maintenance of either of

them, disposition of any property owned by either of them, and custody, support and

visitation of their children.

(2) In a proceeding for dissolution of marriage or for legal separation, the terms of the

separation agreement, except those providing for the custody, support, and visitation

of children, are binding upon the court unless it finds, after considering the

economic circumstances of the parties and any other relevant evidence produced by

the parties, on their own motion or on request of the court, tha t the separation

agreement is unconscionable.

(3) If the court finds the separation agreement unconscionable, it may request the

parties to submit a revised separation agreement or may make orders for the

disposition of property, support, and maintenance.

(4) If the court finds that the separation agreement is not unconscionable as to support,

maintenance, and property:

(a) Unless the separation agreement provides to the contrary, its terms shall be set

forth verbatim or incorporated by reference in the decree of dissolution or

legal separation and the parties shall be ordered to perform them; or

(b) If the separation agreement provides that its terms shall not be set forth in the

decree, the decree shall identify the separation agreement and state that the

court has found the terms not unconscionable.

(5) Terms of the agreement set forth in the decree are enforceable by all remedies

available for enforcement of a judgment, including contempt, and are enforceable as

contract terms.

(6) Except for terms concerning the support, custody, or visitation of children, the

decree may expressly preclude or limit modification of terms if the separation

agreement so provides. Otherwise, terms of a separation agreement are

automatically modified by modification of the decree.