Indiana
Indiana Prenuptial Agreement Laws: Requirements and Limits (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 10 primary sources cited on this page. How we verify our legal content
Yes. Indiana enforces prenuptial agreements under IC 31-11-3, which the Indiana Code titles the Uniform Premarital Agreement Act and which applies to agreements signed on or after July 1, 1995 (IC 31-11-3-1). The agreement must be in writing and signed by both parties (IC 31-11-3-4), and a court will refuse to enforce it if the challenging spouse proves it was signed involuntarily or was unconscionable when signed (IC 31-11-3-8).
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers premarital (prenuptial) agreements under Indiana Code chapter 31-11-3, with a note on property division under IC 31-15-7-4. It does not cover Indiana case law on premarital agreements, agreements signed before July 1, 1995, agreements first made after marriage, custody terms, or other states' law. For property division and divorce, see Indiana divorce laws.
Which law governs prenups in Indiana
Indiana's statute is chapter 31-11-3 of the Indiana Code, titled the Uniform Premarital Agreement Act. Its first section sets its reach:
"This chapter applies to a premarital agreement executed on or after July 1, 1995." IC 31-11-3-1
That date matters for older agreements. This page does not cover how Indiana treats a premarital agreement signed before July 1, 1995; an Indiana lawyer can advise on one.
Formal requirements for an Indiana prenup
IC 31-11-3-4 sets the core formality:
"A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration." IC 31-11-3-4
Under IC 31-11-3-6, "A premarital agreement becomes effective upon marriage."
This page does not cover whether notarization, witnesses, financial disclosure or separate lawyers for each party are required or advisable for an Indiana prenup. A lawyer licensed in Indiana can explain what is needed and how it bears on enforcement.
When an Indiana court will not enforce a prenup
IC 31-11-3-8(a) places the burden on the spouse who wants to avoid the agreement:
"A premarital agreement is not enforceable if a party against whom enforcement is sought proves that: (1) the party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when the agreement was executed." IC 31-11-3-8(a)
The two grounds are alternatives, joined by "or." Proving either one is enough under the statute. Unconscionability is measured "when the agreement was executed," and under IC 31-11-3-8(c) the court decides that issue as a matter of law.
Spousal maintenance waivers and their limit
IC 31-11-3-5(a) lists among the permitted subjects of a premarital agreement "The modification or elimination of spousal maintenance."
The statute builds in a safety valve. Where circumstances that were not reasonably foreseeable when the agreement was signed would cause extreme hardship, IC 31-11-3-8(b) provides that "a court, notwithstanding the terms of the agreement, may require the other party to provide spousal maintenance to the extent necessary to avoid extreme hardship." For how maintenance works without an agreement, see Indiana alimony laws.
What an Indiana prenup can and cannot cover
Permitted subjects. Besides maintenance, IC 31-11-3-5(a) allows an agreement to address "Any other matter not in violation of public policy or a statute imposing a criminal penalty, including the personal rights and obligations of the parties."
Child support. IC 31-11-3-5(b) is direct: "A premarital agreement may not adversely affect the right of a child to support."
Portability agreements. Under IC 31-11-3-5.5, a portability agreement (as defined by IC 31-11-7-5(a)(4)) contained within a premarital agreement is governed by IC 31-11-7-5. This page does not cover that section.
Custody. This page does not cover whether or how an Indiana prenup can address custody or parenting time. An Indiana family lawyer can explain how courts treat such terms.
If the marriage turns out to be void
IC 31-11-3-9 covers agreements made before a marriage that is later found void:
"If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result." IC 31-11-3-9
Amending or revoking a prenup after the wedding
IC 31-11-3-7 provides: "After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration."
Time limits for enforcing an Indiana prenup
IC 31-11-3-10 pauses limitation periods during the marriage:
"Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party." IC 31-11-3-10
Postnuptial agreements in Indiana
IC 31-11-3 deals with agreements made before marriage, and its section 31-11-3-7 covers changing such an agreement after the wedding. This page does not cover agreements that spouses first make during the marriage; ask an Indiana lawyer how those are treated.
How Indiana divides property without a prenup
Without an agreement, IC 31-15-7-4 directs that "the court shall divide the property of the parties," including property "owned by either spouse before the marriage," and that "The court shall divide the property in a just and reasonable manner." The Indiana divorce laws page covers that process.
Getting a prenup drafted and reviewed
This page explains the law; it is not a template. A lawyer licensed in Indiana can draft or review premarital agreements, and can explain how the voluntariness and unconscionability tests in IC 31-11-3-8 apply to a particular agreement.
Disclaimer: This article provides general legal information about premarital agreements under Indiana law, mainly IC 31-11-3. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Indiana or the Indiana Judicial Branch Self-Service Legal Center.
Related
- Prenuptial agreement laws in every state
- Indiana divorce laws
- Indiana alimony laws
- Indiana child support
Last updated: 2026-10-08.
Frequently Asked Questions
Are prenups enforceable in Indiana?
Yes. A written premarital agreement signed by both parties is enforceable under IC 31-11-3 unless the challenging party proves it was signed involuntarily or was unconscionable when signed (IC 31-11-3-8(a)).
Does Indiana's prenup law apply to older agreements?
IC 31-11-3-1 provides that the chapter applies to premarital agreements executed on or after July 1, 1995. An Indiana lawyer can advise on an agreement signed earlier.
Can a prenup waive alimony in Indiana?
IC 31-11-3-5(a) allows modification or elimination of spousal maintenance, but IC 31-11-3-8(b) lets a court order maintenance to avoid extreme hardship from circumstances not reasonably foreseeable at signing.
Can an Indiana prenup decide child support?
No agreement may adversely affect a child's right to support (IC 31-11-3-5(b)).
When does an Indiana prenup take effect?
Upon marriage (IC 31-11-3-6).
How do you change a prenup after marriage in Indiana?
IC 31-11-3-7 allows amendment or revocation only by a written agreement signed by the parties, and it is enforceable without consideration.
Who decides whether an Indiana prenup is unconscionable?
The court decides unconscionability as a matter of law (IC 31-11-3-8(c)), judged as of when the agreement was executed.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Indiana Code, TITLE 31. FAMILY LAW AND JUVENILE LAW
§ 31-11-3-8Enforceability of agreementIn force
Sec. 8. (a) A premarital agreement is not enforceable if a party against whom enforcement is sought proves that: (1) the party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when the agreement was executed. (b) If: (1) a provision of a premarital agreement modifies or eliminates spousal maintenance; and (2) the modification or elimination causes one (1) party to the agreement extreme hardship under circumstances not reasonably foreseeable at the time of the execution of the agreement; a court, notwithstanding the terms of the agreement, may require the other party to provide spousal maintenance to the extent necessary to avoid extreme hardship. (c) A court shall decide an issue of unconscionability of a premarital agreement as a matter of law. [Pre-1997 Recodification Citation: 31-7-2.5-8.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 31-11-3-4Agreement must be in writing; consideration not requiredIn force
Sec. 4. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration. [Pre-1997 Recodification Citation: 31-7-2.5-4.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 31-11-3-5Content; child support unaffectedIn force
Sec. 5. (a) Parties to a premarital agreement may contract with each other regarding the following matters: (1) The rights and obligations of each of the parties in any property of either or both of them whenever and wherever acquired or located. (2) The right to: (A) buy; (B) sell; (C) use; (D) exchange; (E) abandon; (F) lease; (G) consume; (H) expend; (I) assign; (J) create a security interest in; (K) mortgage; (L) encumber; (M) dispose of; or (N) otherwise manage and control; property. (3) The disposition of property upon: (A) legal separation; (B) dissolution of marriage; (C) death; or (D) the occurrence or nonoccurrence of any other event. (4) The modification or elimination of spousal maintenance. (5) The making of: (A) a will; (B) a trust; or (C) other arrangement; to carry out the provisions of the agreement. (6) The ownership rights in and disposition of a death benefit from a life insurance policy. (7) The choice of law governing the construction of the agreement. (8) Any other matter not in violation of public policy or a statute imposing a criminal penalty, including the personal rights and obligations of the parties.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 31-11-3-7Amendment or revocation must be in writing; consideration not requiredIn force
Sec. 7. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. [Pre-1997 Recodification Citation: 31-7-2.5-7.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 31-11-3-10Tolling of statute of limitations during marriage; equitable defensesIn force
Sec. 10. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. [Pre-1997 Recodification Citation: 31-7-2.5-10.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 31-11-3-6Effective dateIn force
Sec. 6. A premarital agreement becomes effective upon marriage. [Pre-1997 Recodification Citation: 31-7-2.5-6.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 31-11-3-9Effect of void marriageIn force
Sec. 9. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. [Pre-1997 Recodification Citation: 31-7-2.5-9.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 31-11-3-2"Premarital agreement" definedIn force
Sec. 2. As used in this chapter, "premarital agreement" means an agreement between prospective spouses that: (1) is executed in contemplation of marriage; and (2) becomes effective upon marriage. [Pre-1997 Recodification Citation: 31-7-2.5-2 part.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 31-11-3-1Applicability of chapterIn force
Sec. 1. This chapter applies to a premarital agreement executed on or after July 1, 1995. [Pre-1997 Recodification Citation: 31-7-2.5-1.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
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Sources and References
- Indiana Code 2026, Title 31 (official PDF: IC 31-11-3 Uniform Premarital Agreement Act; IC 31-15-7-4)(iga.in.gov).gov
- IC 31-11-3-1, Application of premarital agreement chapter(iga.in.gov).gov
- IC 31-11-3-4, Writing and signature requirement(iga.in.gov).gov
- IC 31-11-3-8, Enforcement(iga.in.gov).gov
- IC 31-11-3-6, Effective upon marriage(iga.in.gov).gov
- IC 31-11-3-5, Content of premarital agreements(iga.in.gov).gov
- IC 31-11-3-7, Amendment or revocation(iga.in.gov).gov
- IC 31-11-3-9, Void marriage(iga.in.gov).gov
- IC 31-11-3-10, Statute of limitations tolled(iga.in.gov).gov
- IC 31-15-7-4, Division of property(iga.in.gov).gov