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Idaho Prenuptial Agreements

What do potatoes, hiking, and prenups all have in common? You can get all three in Idaho! Okay, bad joke, we know. Whether you’re walking down the aisle in Lake Hayden or tying the knot in Boise, listen up. Prenups are practical documents that do more than just divide property. They align you and your future spouse on so many topics–taxes, budgets, alimony, bank accounts, pets, inheritances, and so on, so forth. So grab your potato vodka martini and let’s discuss all things prenups.

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Idaho prenup basics

Prenups are enforceable in Idaho as long as you follow the requirements laid out in the Idaho Uniform Premarital Agreement Act. These are the rules set by the Idaho legislature for the formation and enforcement of prenuptial agreements in the state. 

Prenups must be put in writing and signed before the wedding. They can cover an array of topics, from property division to ownership of wedding rings and much more. Prenups are a great way for couples to get on the same page ahead of their lifelong marriage. Plus, prenups help provide peace of mind for any scenario life throws your way!

What makes an Idaho prenup valid and enforceable?

Let’s talk about what requirements you need to follow to make your prenup stand up in an Idaho court. Here’s what to know:

Requirements:

    • Prenups must be in writing and signed by both spouses.
    • Prenups in Idaho must “be executed and acknowledged or proved as provided in sections 32-917 through 32-919, Idaho Code.” (Idaho Code § 32-922).
    • The prenup must be executed voluntarily by each spouse (no duress, coercion, etc.)
    • There must be fair and reasonable disclosure of financial disclosure by each spouse (i.e., sharing of all assets, income, debt, and inheritances with your future spouse)
    • The agreement should not be unconscionable (i.e., overly one-sided or egregiously unfair in it’s creation)

What can I include in my Idaho prenup?

Idaho makes it easy for us and lays out exactly what may (and may not) be included in a prenup in Idaho. The Idaho legislature has made it very clear that the following topics may be covered in a prenuptial agreement:

  • The rights and obligations of property,
  • The right to manage and control property,
  • The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event,
  • The modification or elimination of spousal support,
  • The making of a will, trust, or other arrangement,
  • The ownership rights in and disposition of the death benefit from a life insurance policy,
  • The payment of attorney’s fees,
  • The choice of law governing the construction of the agreement,
  • Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

NOT PERMITTED: The right of a child to support may not be adversely affected by a premarital agreement.

As you can see, it’s pretty straight forward–the meat and potatoes of a prenup is clauses about property ownership, but you can also add other things like spousal support provisions, life insurance, attorneys fees, and other matters.

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Do I need a lawyer for an Idaho prenup to be considered valid and enforceable?

Idaho’s Premarital Agreement Act doesn’t explicitly state whether or not independent counsel is required. However, in case law, Idaho courts have upheld prenups where spouses were not represented by counsel. In Liebelt v. Liebelt, 801 P.2d 52 (Ct. App. 1990), the Idaho court’s decision was heavily influenced by the fact that the husband “repeatedly” encouraged his wife to seek independent legal counsel. Even though she didn’t ultimately hire a lawyer, she (representing herself) contributed to the drafting of the agreement.

The agreement was deemed fair to the wife, not waiving alimony and promoting a balanced property division. Essentially, the court wasn’t convinced that the wife had any reason to contest the agreement, and NOT having a lawyer wasn’t an issue here.

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  • The rights and obligations of property,
  • The right to manage and control property,
  • The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event,
  • The modification or elimination of spousal support,
  • The making of a will, trust, or other arrangement,
  • The ability of the spouse potentially paying support to meet his or her needs while meeting those of the spouse seeking maintenance;
  • The tax consequences to each spouse;
  • The fault of either party;
  • Other factors a court deems necessary

What is the default law on property division in Idaho?

Without a prenup in Idaho, your property will be divided according to state law. In Idaho, that means property you acquired during the marriage will be split 50/50. Generally, this does not include the assets you brought into the marriage (i.e., what you had before getting married) and it also does not include gifts/inheritances you received while married, although there may be exceptions to this for your case, such as commingling. Bottom line? If you aren’t okay with a 50/50 split and the uncertainty of other exceptions applying to you, you should consider getting a prenup to lay out your wishes for property division.

A playful couple in a park, with the woman on top of the man pretending to fly while they laugh together.

How to end a marriage in Idaho

To get a divorce in Idaho, at least one spouse must have lived there for at least six (6) weeks prior to filing. After a divorce case is started and the other spouse is served with divorce papers, there’s a mandatory 21-day waiting period before a final divorce hearing or decision can be finalized (though divorces often take much longer than 21 days anyway).

Idaho offers both fault and no-fault divorce options. Fault-based grounds for divorce mean you must prove that your spouse “did something wrong.” In Idaho, the options for fault include adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of a felony, and permanent insanity. On the other hand, “no-fault” grounds in Idaho is irreconcilable differences, which simply means the marriage is irretrievably broken and there’s no hope of reconciliation.

Important Idaho prenup case law

Case law (i.e., court decisions) are a great way to understand and learn how courts in your state will analyze your prenup if it is ever challenged. Let’s take a look at some Idaho case law where judges analyze whether or not prenups should be enforced.

Is refusing to get married without a prenup undue influence?

Ken and Carol (who were both on their second marriages) signed their prenup 2 days before the wedding. The prenup stated that even though the couple was combining their separate property, they intended for each person’s separate property to legally remain their own, with each having a 50% share in it. If they divorced, the agreement outlined a way to divide the property, involving an appraiser and each person taking turns choosing items until the value of their shares was roughly equal. 

Carol argued the prenup was invalid because she didn’t understand it and she signed it under undue influence because the husband refused to get married without a prenup. The court disagreed with Carol. The court explained that the prenup should be valid because of the following reasons: 

– It was not undue influence for the husband to refuse marriage without a prenup. He actually insisted she seek out independent counsel (but she still didn’t hire an attorney).

– Carol participated in negotiating the prenup herself and made suggested edits to the contract (clearly she understood it if she was making changes to it).

– A contract can’t just be avoided simply because one claims they don’t understand it. 

Bottom line? Idaho courts didn’t believe refusing to get married without a prenup was undue influence in this situation. In addition, courts in Idaho won’t let you out of a prenup just because you claim you don’t understand what you signed.

Can you include clauses about requiring life insurance in Idaho?

A more recent case stemming from 2020 (what a year!) discusses what happens when a couple argues over the clauses in their prenup. Husband was a chiropractor and wife was a trust fund baby. This Idaho couple in particular were arguing over whether a clause which stated:

  • The wife must take out a 30-year term life insurance in the minimum amount of $2,000,000.
  • She must do so within 30 days of the signing of the prenup. 
  • The policy must name the husband as the SOLE beneficiary. 
  • The wife must keep the policy in place after the marriage ends.

Eventually, the wife filed for divorce and sought to get this provision of the prenup thrown out…However, she was unsuccessful. She argued that her (now) ex-husband doesn’t have an interest in her life, in fact, he has an interest in her death. However, the Idaho court disagreed with this argument and highlighted the existence of the slayer statute in Idaho, which disincentivizes murder (yikes!). Additionally, the court noted that the wife had legal representation who explained the implications of the agreement before she signed it. 

Bottom line? Yes, you can include a clause in your prenup that requires you to maintain a life insurance policy for your partner, even if you get a divorce. Be careful with this one, folks!

What happens when there is disputed prenup language?

Husband and Wife married in 1991 in California, with the Husband, a semi-retired multi-millionaire, insisting on a prenuptial agreement to protect his assets. They selected California as their choice of law for the prenup.

Eventually, they moved to Utah, where the Husband invested $12.8 million to develop the Sorrel River Ranch Resort and earned $1.5 million from another venture. They lived a luxurious lifestyle for several years. Then, in 2005, the Husband filed for divorce.

The Wife argued for community property rights (California law) so she could get 50% of his business earnings, not just his salary. She believed the term “earnings” in the prenup should encompass anything received as an equivalent for services. The prenup stated that any earnings should be split 50/50, which is why she was arguing for this term to have a broader scope. The court ultimately found the Wife’s interpretation of “earnings” conflicted with the entirety of the prenup and affirmed the agreement’s intent to protect the Husband’s assets.

In other words? The prenup was analyzed as a whole, and the court looked at the general intent of the contract (i.e., the husband insisting on the prenup to protect his assets). The court noted that Utah law construes prenups “as a whole in order to harmonize its various provisions” and to ensure that the terms are “interpreted in light of the remaining provisions of the prenup.”

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The information on this page was last updated in October, 2024. Hello Prenup provides a platform for self-help. The information provided by Hello Prenup along with the content on our website related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither Hello Prenup nor any information provided by Hello Prenup is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.

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A couple posing in a garden on their wedding day, with the bride wearing a white dress and holding a bouquet.