Post-Marital Agreements

We have all heard of premarital agreements or, by their more common name, prenups. However, Iowa also recognizes post-marital agreements, or those executed by the spouses after they have married.

Premarital agreements are enforceable because they are executed in anticipation of marriage. Post-marital agreements do not have this benefit, and so the Court has a harder time taking them at face value and enforcing them without regard to the contents. So, while prenups are enforceable with only limited review of their contents, post-nups are examined more closely.

The Court is  required to consider the post-nup, Iowa Code 598.21(k), but this is only one factor to consider in division of property. In addition, the post-nup only becomes a final contract when approved by the Court. In re Marriage of Bries, 499 N.W.2d 319 (Iowa App. 1993); In re Marriage of Hansen, 465 N.W.2d 906 (Iowa App. 1990). The Court is only to reject a post-nup if it is unfair or contrary to the law. Matter of Ask, 551 N.W.2d 643 (Iowa 1996). This means that a post-nup that regulates behavior or punishes one spouse, and therefore runs afoul of Iowa's no-fault divorce status, will not be enforced. In re Marriage of Cooper, 769 N.W.2d 582 (Iowa 2009).

Simply put, a couple can make an agreement regarding division of assets and debts after the marriage has been completed. However, it is only binding upon review by the Court for fairness in the division, and whether it is contrary to the law, particularly Iowa's no-fault status.