(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, that 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.
History: Created 1972 Ky. Acts ch. 182, sec. 8.
Notes of Decisions
Cited in
82
cases (
34 in the last 5 years), 1975–2026 · leading case:
Gentry v. Gentry
Gentry v. Gentry (1990)
ky · cites it 8×
“I do not believe that KRS 403.180 was intended to leave the "antenuptial rule" of Stratton intact but uncodified, while making statutory the established "postnuptial rule.”
Shraberg v. Shraberg (1997)
ky · cites it 12×
“Upon a determination of unconscionability, the trial court may request submission of a revised agreement or make its own determination as to disposition of property, support, and maintenance.”
Ford v. Ford (2019)
kyctapp · cites it 3×
“ANALYSIS "[T]he terms of [a] separation agreement ... 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, .”
Messer v. Messer (2004)
ky · cites it 8×
“250 which provides, inter alia: (1) Except as otherwise provided in subsection (6) of KRS 403.180, [1] the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms…”
Bratcher v. Bratcher (2000)
kyctapp · cites it 6×
“An agreement made under such circumstances is reasonably construed a separation agreement under KRS 403.180. The exception provided in KRS 403.”
Jaburg v. Jaburg (2018)
kyctapp · cites it 8×
“250(1) states that "[e]xcept as otherwise provided in subsection (6) of KRS 403.180, the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable.”
Burchell v. Burchell (1984)
kyctapp · cites it 4×
“KRS 403.180(2). Further, even if such an agreement is initially *301 approved, it is subject to modification.”
Pursley v. Pursley (2004)
ky · cites it 3×
“02(f) ("Doug Smith, Child Support Director for the Commonwealth of Kentucky, announced that in the fiscal year ending June 30, 1999, child support collections were up 11% from the previous year, and 300% more than what was paid in 1989.”
Edwardson v. Edwardson (1990)
ky · cites it 5×
“KRS 403.180. To conclude that parties should also be permitted to make antenuptial agreements for disposition of property and payment of maintenance in the event the marriage is dissolved requires only a short step.”
Mays v. Mays (2018)
kyctapp · cites it 3×
“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.”
Peterson v. Peterson (1979)
kyctapp · cites it 4×
“CR The second issue presented by this appeal deals with the KRS 403.180 requirement that a trial court determine whether the settlement agreement is unconscionable pri- or to approval of that agreement.”
Wheeler v. Wheeler (2004)
kyctapp · cites it 5×
“Instead, whether the maintenance provision in the case at bar is subject to modification depends upon the application of KRS 403.180 and KRS 403.250; thus Monette’s reliance on Williams is misplaced.”
— Ky. Rev. Stat. § 403.180(1) — 11 cases
Gentry v. Gentry (1990)
ky
“I do not believe that KRS 403.180 was intended to leave the "antenuptial rule" of Stratton intact but uncodified, while making statutory the established "postnuptial rule.”
Messer v. Messer (2004)
ky
“250 which provides, inter alia: (1) Except as otherwise provided in subsection (6) of KRS 403.180, [1] the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms…”
Mays v. Mays (2018)
kyctapp
“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.”
— Ky. Rev. Stat. § 403.180(2) — 23 cases
Ford v. Ford (2019)
kyctapp
“ANALYSIS "[T]he terms of [a] separation agreement ... 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, .”
Shraberg v. Shraberg (1997)
ky
“Upon a determination of unconscionability, the trial court may request submission of a revised agreement or make its own determination as to disposition of property, support, and maintenance.”
Gentry v. Gentry (1990)
ky
“I do not believe that KRS 403.180 was intended to leave the "antenuptial rule" of Stratton intact but uncodified, while making statutory the established "postnuptial rule.”
Mays v. Mays (2018)
kyctapp
“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.”
Burchell v. Burchell (1984)
kyctapp
“KRS 403.180(2). Further, even if such an agreement is initially *301 approved, it is subject to modification.”
— Ky. Rev. Stat. § 403.180(3) — 2 cases
Shraberg v. Shraberg (1997)
ky
“Upon a determination of unconscionability, the trial court may request submission of a revised agreement or make its own determination as to disposition of property, support, and maintenance.”
— Ky. Rev. Stat. § 403.180(4) — 2 cases
— Ky. Rev. Stat. § 403.180(4)(a) — 2 cases
Ford v. Ford (2019)
kyctapp
“ANALYSIS "[T]he terms of [a] separation agreement ... 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, .”
Messer v. Messer (2004)
ky
“250 which provides, inter alia: (1) Except as otherwise provided in subsection (6) of KRS 403.180, [1] the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms…”
— Ky. Rev. Stat. § 403.180(5) — 21 cases
Pursley v. Pursley (2004)
ky
“02(f) ("Doug Smith, Child Support Director for the Commonwealth of Kentucky, announced that in the fiscal year ending June 30, 1999, child support collections were up 11% from the previous year, and 300% more than what was paid in 1989.”
— Ky. Rev. Stat. § 403.180(6) — 16 cases
Jaburg v. Jaburg (2018)
kyctapp
“250(1) states that "[e]xcept as otherwise provided in subsection (6) of KRS 403.180, the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable.”
Burchell v. Burchell (1984)
kyctapp
“KRS 403.180(2). Further, even if such an agreement is initially *301 approved, it is subject to modification.”
Wheeler v. Wheeler (2004)
kyctapp
“Instead, whether the maintenance provision in the case at bar is subject to modification depends upon the application of KRS 403.180 and KRS 403.250; thus Monette’s reliance on Williams is misplaced.”
Messer v. Messer (2004)
ky
“250 which provides, inter alia: (1) Except as otherwise provided in subsection (6) of KRS 403.180, [1] the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms…”
— Ky. Rev. Stat. § 403.180(l) — 1 case
Gentry v. Gentry (1990)
ky
“I do not believe that KRS 403.180 was intended to leave the "antenuptial rule" of Stratton intact but uncodified, while making statutory the established "postnuptial rule.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.