True Guarnieri Ayer, LLP
Call For A Free Consultation

This Is An Advertisement

How can a prenuptial agreement affect a Kentucky divorce?

A prenuptial agreement, commonly referred to as a “prenup,” is a document that divides and apportions assets and debts in the event of divorce. In prior years, prenups were common mostly among the very wealthy, but the economic – and social – stigmas associated with them have largely disappeared. Nowadays, couples of all economic levels may find prenups helpful.

What can prenups do?

Prenups can shield assets from equitable distribution during a divorce proceeding. That is the most common use for them, in fact. Prenuptial agreements can, for example, set aside assets for children from a previous relationship. They can also keep debts apart from the marital estate, determine “custody” of four-legged friends, and protect family heirlooms.

These agreements can establish financial obligations during the marriage. For example, a prenup might state that one party (usually the higher-earning spouse) covers certain household expenses, or that one party contribute funds to a joint IRA account.

Do prenups have any limitations?

Prenuptial agreements are very versatile and useful, but there are still some limitations. They cannot contract away child support obligations, determine child custody or (generally) waive alimony. In addition, they can’t be used for any illegal or illicit purposes, nor can they generally dictate personal behaviors of the parties. Such “lifestyle” provisions as delineating how much weight one spouse can gain, or that the couple will have a minimum of two children are often struck down, and they could lead a court to void an entire agreement.

Prenups can make the divorce process go smoother by removing some of the contention around the property and debt division determinations.

No Comments

Leave a comment
Comment Information
  • Rated by Super Lawyers | J. Guthrie True |
  • Rated by Super Lawyers | Rising Stars | Whitney True Lawson |
  • Rated by Super Lawyers | Rising Stars |  Philip Lawson |
  • Distinguished AV | LexisNexis | Martindale-Hubbell | Peer Review Rated | For Ethical Standards and Legal Ability
  • American College of Trial Lawyers
  • Kentucky Bar Association | 1871
  • National Association of Criminal Defense Lawyers
  • American Board of Criminal Lawyers
  • Listed in Best Lawyers | The World's Premier Guide
  • Super Lawyers
Email Us For A Response

Ask Us Your Questions

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

To learn more about working with us, call 502-783-7662 for a free consultation today.

Office Location:

True Guarnieri Ayer, LLP
124 Clinton St
Frankfort, KY 40601

Phone: 502-783-7662
Fax: 502-605-9901
Frankfort Law Office Map

Office Number: