
Alabama Prenuptial Agreement Laws: Enforceability and Case Law (2026)
Alabama courts enforce prenups under a fairness test set by case law, including Brown v. Brown (Ala. 2009). See what that test requires and where duress fits.
52 articles

Alabama courts enforce prenups under a fairness test set by case law, including Brown v. Brown (Ala. 2009). See what that test requires and where duress fits.

Alaska prenups are governed by case law, and premarital community property agreements by AS 34.77.090. See the voluntariness test and how fairness is judged.

Arizona prenups are governed by A.R.S. 25-201 to 25-205. See the signing rules, when 25-202 makes an agreement unenforceable, and the 2026 postnup statute.

Arkansas prenups under the Arkansas Premarital Agreement Act: writing and acknowledgment rules, the § 9-11-406 defenses, support waivers and Banks v. Evans.

Are prenups enforceable in California? The Uniform Premarital Agreement Act rules: signed writing, 7-day timing and counsel findings, spousal support waiver limits.

Colorado prenups fall under the Uniform Premarital and Marital Agreements Act. See signing rules, when one is unenforceable under 14-2-309, and alimony limits.

Connecticut prenups under the Connecticut Premarital Agreement Act (46b-36a to 46b-36j): signing rules, the four 46b-36g defenses, support limits, and postnups.

Prenups in the District of Columbia under D.C. Code §§ 46-501 to 46-510: signing rules, the § 46-506 defenses, support waivers, domestic partners and postnups.

Delaware prenups under 13 Del. C. §§ 321-328: writing and signature rules, the § 326 defenses, alimony waivers, child support limits, and amending an agreement.

Florida prenups signed since Oct. 1, 2007 are governed by Fla. Stat. 61.079. See the signature rules, when a court refuses enforcement, alimony limits and postnups.

Georgia prenup rules: O.C.G.A. 19-3-62 requires a signed writing with two witnesses, one a notary, and courts apply the Scherer v. Scherer test before enforcing it.

Hawaii prenups fall under the Uniform Premarital Agreement Act, HRS 572D: signing rules, when courts refuse enforcement, support waiver limits and amendments.

Idaho follows the Uniform Premarital Agreement Act, Idaho Code 32-921 to 32-929. See the signing formalities, when a prenup is unenforceable, and its limits.

Illinois prenups fall under the Illinois Uniform Premarital Agreement Act, 750 ILCS 10. What makes one enforceable, what it cannot do, and how to change it.

Indiana prenups are governed by IC 31-11-3 for agreements signed since July 1, 1995. See the writing rule, enforcement tests, maintenance limits and amendments.

Iowa prenups fall under the Iowa Uniform Premarital Agreement Act, Iowa Code ch. 596. See the signing rules, when a prenup is unenforceable, and support limits.

Kansas prenups fall under the Uniform Premarital Agreement Act, K.S.A. 23-2401. See signing rules, when one is unenforceable under 23-2407, and support limits.

Kentucky prenups are governed by case law. Gentry v. Gentry (1990) sets a three-part test; courts review fairness at signing and again when enforcement is sought.

Louisiana prenups are matrimonial agreements under Civil Code articles 2328 to 2333. Learn the form rules, the limits, and court approval during marriage.

Maine prenups under the Uniform Premarital Agreement Act, 19-A M.R.S. §§ 601-611: signing rules, when courts refuse to enforce them, and spousal support limits.

Maryland judges prenups under case law: Cannon v. Cannon (2005) asks whether there was overreaching. See the disclosure, counsel and alimony-waiver rules.

Massachusetts prenups rest on G.L. c. 209 s. 25 and SJC case law. Learn the recording rule, the two-step fair and reasonable test, and how postnups are treated.

Are prenups enforceable in Michigan? MCL 557.28 and the Rinvelt test: fraud, duress, nondisclosure, unconscionability and changed circumstances, plus key cases.

Minnesota prenups under Minn. Stat. 519.11 as rewritten in 2024: disclosure, witnesses, the seven-day rule, fairness review, and stricter postnuptial rules.

Is a prenup enforceable in Mississippi? Under Sanderson and Mabus, it must be signed voluntarily, with financial disclosure, and must not be unconscionable.

Is a prenup enforceable in Missouri? Courts apply the Ferry v. Ferry test: full disclosure, fair and voluntary signing, and no unconscionable terms.

Montana prenups are governed by the Uniform Premarital Agreement Act, MCA 40-2-601 to 610. Learn the signing rules, enforcement defenses and support limits.

Nebraska prenups signed since July 16, 1994 fall under the Uniform Premarital Agreement Act, 42-1001 to 42-1011. See signing rules, defenses and support limits.

Nevada prenups under NRS chapter 123A: writing and signature rules, when an agreement is unenforceable, alimony waiver limits, child support and community property.

New Hampshire prenups under RSA 460:2-a: the writing rule, the presumption of validity, the MacFarlane fairness tests, children and property division.

New Jersey prenups are governed by N.J.S.A. 37:2-31 to 37:2-41. Learn the writing and asset-statement rules and the clear-and-convincing test to set one aside.

New Mexico prenups fall under NMSA 40-3A. Learn the writing and acknowledgment rules, the limits on support waivers after Rivera, and when a prenup is unenforceable.

Is a prenup enforceable in New York? DRL 236(B)(3) requires a signed writing acknowledged like a deed. Learn the maintenance limits, child rules and time limits.

North Carolina's premarital agreement act (G.S. Chapter 52B): signing rules, when a prenup is unenforceable, alimony waivers, child support limits and postnups.

North Dakota prenups and postnups are governed by the Uniform Premarital and Marital Agreements Act, N.D.C.C. 14-03.2. See the signing, counsel and disclosure rules.

Ohio prenups follow the Gross and Fletcher test: free consent, full disclosure, and fair terms. Learn the burdens, counsel rule, and 2023 postnup law.

Oklahoma prenups rest on court decisions such as Freeman v. Freeman (1977) and two statutes on written antenuptial contracts. See when courts enforce them.

Oregon enforces prenups under the Uniform Premarital Agreement Act, ORS 108.700 to 108.740. See the signing rules, ORS 108.725 defenses and support limits.

Pennsylvania prenups under 23 Pa.C.S. 3106: the clear and convincing burden, the voluntariness and three-part disclosure tests, child-support terms and postnups.

Prenuptial agreement laws in all 50 states and DC: which states use the UPAA or UPMAA, signing rules, when courts refuse enforcement, and alimony waiver limits.

Rhode Island enforces prenups under the Uniform Premarital Agreement Act, chapter 15-17. A challenger must prove both involuntariness and unconscionability.

South Carolina has no premarital agreement act. Prenups are judged under Hardee v. Hardee and the S.C. Code 20-3-630(A)(4) presumption. See what affects enforcement.

South Dakota prenups fall under the Uniform Premarital Agreement Act, SDCL 25-2-16 to 25-2-25. See the writing rule and when courts refuse enforcement.

Tennessee enforces prenups under T.C.A. 36-3-501 if signed freely, knowledgeably and in good faith. See what Randolph v. Randolph requires for financial disclosure.

Texas prenups fall under the Uniform Premarital Agreement Act. Learn the signing rules, the 4.006 enforceability test, support limits and how to amend an agreement.

Utah follows the Uniform Premarital Agreement Act (Utah Code 81-3-201 to 81-3-208). See the signing rules, when a prenup is unenforceable and what it cannot change.

Vermont's Title 15 chapters do not include a premarital agreement act; courts apply the four-part Bassler test. See what makes a Vermont prenup enforceable.

Virginia prenups are governed by the Premarital Agreement Act, Va. Code §§ 20-147 to 20-155. See the writing rule, what can void a prenup, and postnup rules.

How Washington courts decide if a prenup is enforceable: the two-prong fairness test from In re Marriage of Bernard (2009), disclosure and independent counsel.

West Virginia prenups under W. Va. Code Article 48-1A (2023): writing and counsel acknowledgement, enforceability tests, support waivers and child support limits.

Wisconsin prenups are marital property agreements under Wis. Stat. 766.58. See the signing rules, when one is unenforceable and how divorce courts treat them.

Are prenups enforceable in Wyoming? Yes. Jones v. Young (2025) treats them as contracts. Learn the writing rule, disclosure, Laird v. Laird (1979) and postnups.