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Idaho Postnuptial Agreement

An Idaho postnuptial agreement is a contract between spouses regarding the distribution of marital property if the marriage ends in divorce or death. Postnuptial agreements are entered into after a marriage has begun, distinguishing them from prenuptial agreements, which are entered into before a marriage begins.
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Updated June 24, 2024

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Signing Requirements

Agreements must be signed and notarized.[1]

Laws

Marriage Settlement: Agreements made before and after marriage, including those contemplating divorce, are considered marriage settlements under Idaho case law.[2]

Recording: A marriage settlement must be recorded in the office of the recorder of every county in which any real estate is situated and is granted or affected by the contract.[3]

Public Policy: Postnuptial agreements that violate public policy are void and unenforceable.[4]

Sources

  1. I.C. § 32-917
  2. Stevens v. Stevens (2000)
  3. I.C. § 32-917
  4. Quiring v. Quiring (1997)