Idaho Postnuptial Agreement

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Updated August 07, 2022

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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 often called “prenups” and are entered into before a marriage begins. Because of the uncertainty associated with the division of assets during divorce proceedings, postnuptial agreements can be valuable tools for spouses in many financial situations.

Signing Requirements – Agreements must be signed and notarized. I.C. § 32-917.

Laws

Marriage Settlement: Agreements made before and after marriage, including those contemplating divorce, are considered marriage settlements under Idaho case law. Stevens v. Stevens (2000).

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. I.C. § 32-917

Public Policy: Postnuptial agreements that violate public policy are void and unenforceable. Quiring v. Quiring (1997).