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Iowa Postnuptial Agreement

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Iowa Postnuptial Agreement

Updated January 23, 2023

An Iowa postnuptial agreement establishes a couple’s marital property distribution if their marriage ends in divorce. While prenuptial agreements, or “prenups,” are signed before a marriage takes place, postnuptial agreements are signed after a couple has already been married. As a result, Iowa and many other states face different requirements to be enforceable.

Signing Requirements (In re Marriage of Cooper (2009)) – Both parties must sign agreements.


Equitable Division: The court shall divide all property, except inherited property or gifts received or expected by one party, equitably between the parties after considering, among other things, any written agreement made by the parties concerning property distribution. Iowa Code § 598.21(k).

Validity: Agreements that attempt to regulate spouses’ conduct during a marriage are traditionally unenforceable. In re Marriage of Cooper (2009).

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