Tying the knot in Iowa soon? Congrats! Don’t forget to add the prenup to your wedding to-do list. And don’t worry—it’s not too complicated. As long as you follow the laws in Iowa for creating and enforcing a prenuptial agreement, you are good to go! From financial disclosure and legal requirements to spousal support clauses to how your property is handled without a prenup in Iowa, here’s what you need to know before the big day.
1. You must provide full financial disclosure to your future spouse
Prenups aren’t just about signing a contract—they’re also about being open and honest about your finances. Each party must disclose the value of their assets, debts, and income in a financial schedule attached to the prenup. Failing to fully disclose financial information could put you in a difficult position and may even invalidate the agreement.
Financial disclosure is crucial because it ensures both parties understand the rights they are waiving. For example, if you own a rental property, your future spouse might expect that it will become a shared marital asset. Full disclosure clarifies what assets and debts exist, allowing you to specify in the prenup whether the property will remain separate. This transparency helps prevent misunderstandings and protects both parties’ interests.
2. You can’t waive spousal support in your Iowa prenup
Spousal support, also known as alimony, is financial support that one ex-spouse may be required to pay the other after a divorce. Under Iowa Code § 596.5, prenuptial agreements cannot include clauses that waive or negatively impact a party’s right to spousal support. While many states allow spouses to modify or waive spousal support in a prenup, Iowa does not.
Iowa courts strictly uphold this rule. In In re Marriage of Erpelding, 917 N.W.2d 235, 240 (Iowa 2018), the Iowa Supreme Court explained that the future is unpredictable, and a spouse may later need financial support. Without the right to spousal support, a financially dependent spouse could be left in a vulnerable position—or even feel pressured to stay in an unhappy marriage just to maintain financial stability. Because of this, Iowa courts do not enforce spousal support waivers in prenups.
3. Iowa follows equitable distribution laws on property division
What happens to your property in a divorce if you don’t have a prenup? In Iowa, property division follows the equitable distribution framework. This means that assets are divided fairly—but not necessarily 50/50. The court considers various factors outlined in Iowa Code § 598.21 to determine what is equitable in each case.
Importantly, both marital and premarital property may be subject to division in a divorce. This means that even property you owned before marriage may be subject to division unless clearly protected in a prenup.
A prenup allows you to protect premarital assets and ensure marital property is divided in a way that you and your spouse agree is fair and reasonable.
4. You do not need an attorney for an Iowa prenup
In Iowa, you are not required to hire an attorney for your prenuptial agreement to be valid and enforceable. You only need to have had the opportunity to seek legal representation—meaning you must have had enough time and resources to obtain one if you chose to.
The Iowa Supreme Court reaffirmed this in Shanks (2008) when it upheld a prenup where the wife did not have an attorney. The court found that she had ample opportunity to hire one but chose not to, despite her husband encouraging her to do so. Even though the prenup was signed just days before the wedding, the court still ruled it enforceable, emphasizing that legal representation is not required under Iowa Code § 596.3.
That said, while an attorney isn’t mandatory, hiring one can be highly beneficial. First, legal counsel can help prevent claims that a party signed involuntarily or did not fully understand the agreement. It’s much harder to argue coercion or confusion if an attorney is involved. Second, an attorney can ensure the prenup is tailored to your specific needs, answer legal questions, and provide peace of mind that the agreement is properly drafted and enforceable.
5. You must follow all of Iowa’s prenup requirements
While we’ve covered financial disclosure, spousal support provisions, and attorney requirements, there are additional legal rules to follow when creating a valid prenuptial agreement in Iowa.
Iowa has adopted the Uniform Premarital Agreement Act (UPAA), which outlines specific requirements for prenups. Under this law, your agreement must:
- Be in writing and signed by both parties.
- Be entered into voluntarily by both spouses.
- Comply with public policy and other applicable laws.
- Not be unconscionable (meaning it cannot be excessively one-sided).
Ensuring your prenup meets these legal standards is essential for it to hold up in court.
The bottom line on prenups in Iowa
A prenuptial agreement is a valuable tool for protecting your assets, clarifying financial expectations, and avoiding uncertainty in the event of a divorce. By following Iowa’s prenup laws, providing full financial disclosure, and understanding what can and cannot be included, you can create a legally sound agreement that reflects your intentions.
While Iowa’s equitable distribution laws mean that property is divided fairly, a prenup allows you and your future spouse to take control of how your assets are handled. It also opens the door for important financial discussions that can strengthen your relationship and prevent future misunderstandings. Start planning today and enter your marriage with clarity and confidence.
Joslyn has been practicing family law for 10 years, and started her own practice right out of law school. Her approach is rooted in providing high-quality representation while making sure her clients fully understand the legal matters at hand. She believes in breaking down complex legal jargon into simple, everyday language, so her clients feel informed and confident throughout the process.Joslyn is admitted to practice law in the state of Iowa and is an active member of the Iowa Bar Association. Her experience in family law has given me deep insights into how to best support clients through significant life decisions, including drafting prenuptial agreements.
0 Comments