Kentucky Prenuptial Agreement Laws: The Gentry Test Explained (2026)

Kentucky prenuptial (antenuptial) agreements are governed by case law, not a premarital agreement statute. In Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990), the Supreme Court of Kentucky held that agreements setting property rights on divorce are enforceable if otherwise valid, and it set three criteria for trial courts to apply, including a check for changed circumstances at the time enforcement is sought.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how Kentucky courts evaluate prenuptial agreements under Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990), its companion case Edwardson v. Edwardson, 798 S.W.2d 941 (Ky. 1990), and the related Kentucky Revised Statutes (KRS 403.180, 403.190 and 404.020). It does not cover the effect of a prenup on dower, curtesy or inheritance rights at death, agreements governed by another state's law, or tax questions. For property division on divorce, see Kentucky divorce laws.

Are prenups enforceable in Kentucky?

Yes, if they pass the test in Gentry. Gentry overruled Stratton v. Wilson to the extent Stratton barred premarital agreements fixing property rights in the event of divorce, and held that such agreements are not void as against public policy. The agreement in Gentry was upheld.

Which law governs a Kentucky prenup?

Case law. This page reviewed the section lists of KRS chapter 402 (Marriage), chapter 403 (Dissolution of Marriage and Child Custody) and chapter 404 (Contracts and Separate Estate of Married Women), and none of them contains a premarital agreement act. This page does not cover other KRS chapters, such as the dower and descent chapters.

The closest statutory hook is in Kentucky's property division section. KRS 403.190(2)(d) excludes from marital property:

"(d) Property excluded by valid agreement of the parties;"

The Gentry majority did not rely on that subsection as a clear authorization for premarital agreements. It rested its decision on changed public policy.

The Gentry test

Gentry adopted three criteria, quoting a Georgia decision, Scherer v. Scherer, 249 Ga. 635 (1982). The trial judge "should employ basically three criteria in determining whether to enforce such an agreement in a particular case":

"(1) Was the agreement obtained through fraud, duress or mistake, or through misrepresentation or non-disclosure of material facts? (2) Is the agreement unconscionable? (3) Have the facts and circumstances changed since the agreement was executed so as to make its enforcement unfair and unreasonable?"

Fairness at signing and again at divorce

Kentucky's review does not stop at the signing date. Gentry says that "antenuptial agreements must be examined at the time enforcement is sought," and that the court reviews the agreement at the time the marriage ends "to insure that facts and circumstances have not changed since the agreement was executed to such an extent as to render its enforcement unconscionable."

In Gentry itself, the Supreme Court of Kentucky also affirmed the trial court's finding that the agreement was not unconscionable when it was signed. So the agreement faces two checks: at execution, and at enforcement.

Financial disclosure

Non-disclosure of material facts is one of the grounds in the first Gentry question for refusing enforcement. The agreement upheld in Gentry had been "freely and voluntarily executed by the parties after full disclosure of their respective assets and marital property rights." The Gentry opinion cited here does not state a separate rule on whether disclosure can be waived. Edwardson v. Edwardson (Ky. 1990) calls full disclosure the first limitation on these agreements: it should appear that the agreement was free of any material omission or misrepresentation.

Independent lawyers

The Gentry opinion cited here does not address whether each party must have a lawyer, and this page does not state a Kentucky rule either way. Lawyers licensed in Kentucky can draft or review these agreements.

Can a Kentucky prenup waive maintenance?

Gentry did not decide that question, but its companion case did. In Edwardson v. Edwardson, 798 S.W.2d 941 (Ky. 1990), decided the same day as Gentry, the Supreme Court of Kentucky held that parties may agree before marriage on maintenance to be paid if the marriage is dissolved, subject to two limits: full disclosure, and that the agreement not be unconscionable at the time enforcement is sought. A court that finds it unconscionable may modify it.

In Gentry, the court noted that the agreement before it did not waive both marital property and maintenance, and it said the trial court's "broad discretion to review antenuptial agreements for unconscionability should adequately protect" against leaving a spouse destitute or dependent on the state. For how Kentucky courts award maintenance without an agreement, see Kentucky alimony laws.

Child support and custody terms

Gentry did not address child support, but its companion case, Edwardson v. Edwardson (Ky. 1990), says antenuptial agreements "may apply only to disposition of property and maintenance" and that "Questions of child support, child custody and visitation are not subject to such agreements." For a different kind of agreement, a written separation agreement under KRS 403.180, terms on child custody, support and visitation do not bind the court the way other terms do (KRS 403.180(2)). That statute governs separation agreements, not prenups. For the rules on children, see Kentucky child support laws.

What this page does not cover

This page does not cover Kentucky rules on the formalities of signing a prenup (for example, whether notarization is needed), on amending or revoking one, or on deadlines for challenging one. A lawyer licensed in Kentucky can answer those questions for a specific agreement.

Postnuptial agreements in Kentucky

The section lists of KRS chapters 402 to 404 contain no postnuptial agreement statute, and this page does not cover Kentucky case law on postnuptial agreements. Two statutes touch agreements between spouses:

• KRS 403.180 governs written separation agreements made in anticipation of separation or dissolution.
• KRS 404.020(2) provides that gifts of personal property between spouses are invalid as to third persons unless the gift is in writing, acknowledged and recorded.

How Kentucky divides property without a prenup

Kentucky uses equitable distribution, not community property. Under KRS 403.190(1), the court "shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors." Marital property is property either spouse acquires after the marriage, with exceptions in KRS 403.190(2) for gifts and inheritances, property received in exchange, property acquired after a decree of legal separation, property excluded by valid agreement, and certain increases in the value of property owned before the marriage. For the divorce process, see Kentucky divorce laws.

Disclaimer: This article provides general legal information about prenuptial agreements under Kentucky law, based on Gentry v. Gentry and Edwardson v. Edwardson (Ky. 1990) and the Kentucky Revised Statutes, as verified on 2026-10-08. It is not legal advice, and it is not a template for drafting an agreement. For advice about your situation, consult a lawyer licensed in Kentucky.

Related

• Prenuptial agreement laws in every state
• Kentucky divorce laws
• Kentucky alimony laws
• Kentucky child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenuptial agreements enforceable in Kentucky?

Yes, if they pass the test in Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990), which held that premarital agreements setting property rights on divorce are enforceable if they are otherwise valid contracts.

Does Kentucky have a prenuptial agreement statute?

The section lists of KRS chapters 402, 403 and 404 contain no premarital agreement act. Kentucky prenups are governed by case law, mainly Gentry v. Gentry and Edwardson v. Edwardson (both 1990).

What makes a prenup invalid in Kentucky?

Under Gentry, a court may refuse enforcement if the agreement was obtained through fraud, duress, mistake, misrepresentation or non-disclosure of material facts, if it is unconscionable, or if changed circumstances make enforcement unfair and unreasonable.

Can a Kentucky court refuse to enforce a prenup because circumstances changed?

Yes. Gentry says antenuptial agreements must be examined at the time enforcement is sought, to make sure changed facts and circumstances have not made enforcement unconscionable.

Can a Kentucky prenup waive spousal maintenance?

Under Edwardson v. Edwardson (Ky. 1990), decided the same day as Gentry, parties may agree before marriage on maintenance to be paid if the marriage is dissolved, subject to full disclosure and to the agreement not being unconscionable when enforcement is sought; a court that finds it unconscionable may modify it.

Is Kentucky a community property state?

No. KRS 403.190(1) directs the court to divide marital property in just proportions without regard to marital misconduct, and property excluded by valid agreement is not marital property (KRS 403.190(2)(d)).