{"data":{"id":"us-ky/krs-403.180","jurisdiction":"us-ky","citation":"KRS 403.180","heading":"Separation agreement -- Court may find unconscionable.","body":"(1) To promote amicable settlement of disputes between parties to a marriage attendant\nupon their separation or the dissolution of their marriage, the parties may enter into\na written separation agreement containing provisions for maintenance of either of\nthem, disposition of any property owned by either of them, and custody, support and\nvisitation of their children.\n(2) In a proceeding for dissolution of marriage or for legal separation, the terms of the\nseparation agreement, except those providing for the custody, support, and visitation\nof children, are binding upon the court unless it finds, after considering the\neconomic circumstances of the parties and any other relevant evidence produced by\nthe parties, on their own motion or on request of the court, tha t the separation\nagreement is unconscionable.\n(3) If the court finds the separation agreement unconscionable, it may request the\nparties to submit a revised separation agreement or may make orders for the\ndisposition of property, support, and maintenance.\n(4) If the court finds that the separation agreement is not unconscionable as to support,\nmaintenance, and property:\n(a) Unless the separation agreement provides to the contrary, its terms shall be set\nforth verbatim or incorporated by reference in the decree of dissolution or\nlegal separation and the parties shall be ordered to perform them; or\n(b) If the separation agreement provides that its terms shall not be set forth in the\ndecree, the decree shall identify the separation agreement and state that the\ncourt has found the terms not unconscionable.\n(5) Terms of the agreement set forth in the decree are enforceable by all remedies\navailable for enforcement of a judgment, including contempt, and are enforceable as\ncontract terms.\n(6) Except for terms concerning the support, custody, or visitation of children, the\ndecree may expressly preclude or limit modification of terms if the separation\nagreement so provides. Otherwise, terms of a separation agreement are\nautomatically modified by modification of the decree.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1451","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"2504c5e5aa5d38f81bc3f47fdfb0fa470e5ba8c85f35287713d6d8548474e21f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.170","next":"us-ky/krs-403.190"},"notice":"GroundRules: Original legal text. Not legal advice."}