The all-inclusiveIndiana prenup

The controlling statute & cases

What law governs prenups in Indiana?

Indiana prenuptial agreements are governed by Indiana's premarital agreement statute, found in Chapter 3 of Article 11 of Title 31 of the Indiana Code (Ind. Code § 31-11-3-1 et seq.). That chapter sets out what an Indiana prenuptial agreement must look like, what it can cover, and the limited reasons a court may refuse to enforce it. Indiana appellate courts have also weighed in on how these agreements are read and enforced, including in Justus v. Justus, 581 N.E.2d 1274 (Ind. Ct. App. 1991), which addressed disclosure and fairness questions in a prenup agreement dispute.

Is Indiana a UPAA state?

Yes. Indiana enacted a version of the Uniform Premarital Agreement Act, so its framework follows the same basic architecture used in many other states: a writing requirement, a list of topics couples may address, and a narrow set of grounds for refusing enforcement. However, while Indiana’s version of the UPAA largely follows the original, it does make a few important changes to how prenups are enforced. Under Indiana Code § 31-11-3-8, the unconscionability provision leaves out the original UPAA’s additional requirements concerning financial disclosure, an express and voluntary waiver of disclosure, and whether the person challenging the agreement could reasonably have known about the other person’s finances. Instead, Indiana only allows a prenup to be challenged on the ground that it was unconscionable when signed.

Also, rather than focusing on whether a waiver of spousal support that leaves a spouse eligible for public assistance, Indiana asks whether it causes “undue hardship.” In Rider v. Rider, the court explained that an agreement leaving one spouse dependent on public assistance may be unconscionable, but comparing both spouses’ circumstances provides a better way to assess fairness. (Rider v. Rider, 669 N.E.2d 160, 164 (1996)). Overall, Indiana’s main departures from the original UPAA concern when and how a prenup can be enforced.

Requirements for an Indiana prenup

What are the requirements for a prenup in Indiana?

Under Indiana's premarital agreement chapter (Ind. Code ch. 31-11-3-4), the agreement must be in writing and signed by both people, and no extra consideration is needed beyond the marriage itself. To survive a challenge, the agreement also has to have been signed voluntarily, and it cannot be unconscionable at the time of signing. Indiana does not require notarization, and it does not set a mandatory waiting period between finalizing the document and the wedding.

Requirements:

• In writing
• Signed by both parties
• No consideration required beyond the marriage itself
• Signed voluntarily
• Not unconscionable at the time of signing

Is financial disclosure required for an Indiana prenup?

Indiana does not expressly require couples to exchange full financial disclosures before signing a prenup. However, a court can refuse to enforce an agreement if it was not signed voluntarily or was unconscionable (meaning seriously unfair under the legal standard) when signed. Sharing information about your income, assets, and debts helps both partners understand what they’re agreeing to and can reduce disputes later. The practical takeaway: financial disclosure is a smart step, even though Indiana’s prenup statute does not make it a separate requirement.

Does a prenup need to be notarized in Indiana?

No. The premarital agreement chapter does not make notarization a condition of validity. Many Indiana attorneys still arrange it, because a notary's stamp gives both people a tidy, independent record of who signed and when, which can head off authenticity disputes years later.

Do both parties need a lawyer for a prenup in Indiana?

Not under the statute. Indiana does not require either person to retain independent counsel before a premarital agreement. Whether each person had a fair chance to get legal advice still matters, though, because it bears on the voluntariness and disclosure questions a court will ask if the agreement is challenged. Skipping counsel won't automatically sink an Indiana prenup, but it gives the other side an easier story to tell later.

For example, in McCord v. McCord, the Indiana prenuptial agreement was enforced even though only one party (the husband) was represented by counsel. The wife did not have a lawyer. The agreement itself acknowledged that the wife was aware of her right to consult independent legal counsel to be fully advised as to the nature and consequences of the prenuptial agreement, and the court enforced the agreement's terms. This illustrates that acknowledgment of the right to counsel, even without actual representation, can support enforceability. (McCord v. McCord, 852 N.E.2d 35 (2006)).

What makes a prenup invalid in Indiana?

Under Indiana law, a prenuptial agreement is invalid and unenforceable when it was not entered into voluntarily, was unconscionable at the time of execution, or was tainted by fraud, duress, or misrepresentation. Also, an agreement that was never put in writing or signed by both people fails at the starting line. Indiana is one of the few states that does not require financial disclosure, though it is often best practice anyway, as it can help refute other claims of fraud or involuntariness/unconscionability.

How long before the wedding should I sign a prenup in Indiana?

Indiana sets no minimum lead time. Even so, the closer a signature is to the ceremony, the easier it becomes to argue later that someone felt cornered, which goes straight to the voluntariness requirement. However, signing a prenup before the wedding day is generally okay, as long as other protective elements are present. For example, in Thompson v. Wolfram, the couple signed their prenup agreement the day before their wedding. The agreement was suggested by one spouse to protect and keep their separate property in case of divorce, and the other party's brother-in-law, an attorney, prepared the document. The Court of Appeals of Indiana enforced the agreement and did not treat the one-day gap between signing and the ceremony as a basis for invalidating the agreement. (Thompson v. Wolfram, 162 N.E.3d 498 (2020)).

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What can & can't be in an Indiana prenup

Does cheating void a prenup in Indiana?

No. Indiana does not include “cheating” as a ground for unenforcement in its prenup statute. In addition, Indiana is a no-fault state: a marriage may be dissolved when it is irretrievably broken (Ind. Code § 31-15-2-3), and marital misconduct plays almost no role in how property is divided. The one narrow exception is conduct that wastes or dissipates marital assets, which a court may weigh when dividing property. Because Indiana's divorce framework deliberately keeps blame out of the picture, a prenup cannot be thrown out simply based on one party’s actions of infidelity.

Are infidelity clauses enforceable in Indiana?

According to Indiana prenup lawyer, Carla Garino:

Many couples still include infidelity clauses in their prenuptial agreement in Indiana; in fact, 36.20% of Indiana-based HelloPrenup couples do.

Can a prenup include child custody in Indiana?

No. Custody is decided under the best-interests factors in Ind. Code § 31-17-2-8, based on the child's circumstances when the question actually arises. A prenuptial agreement signed years before children exist cannot predetermine those outcomes, and the premarital agreement chapter also protects a child's right to support from being reduced by contract.

Can a prenup protect a business in Indiana?

Yes. The prenuptial agreement chapter in Indiana lets couples contract about rights in property whenever and wherever acquired, and that reaches business interests. Prenups in Indiana can also protect businesses started now or in the future. This can include income, debt, assets, and equity of a business. In fact, 74.95% of Indiana HelloPrenup users choose to protect their current and future business assets in their prenuptial agreement.

Can a prenup protect inheritance in Indiana?

Yes. Indiana's default rule puts nearly all property owned by either spouse, including property acquired before the marriage or by inheritance or gift, into the "marital pot" for division. A court may depart from an equal split because of inheritance or gift, but that is a matter of judicial discretion rather than a guaranteed carve-out. An Indiana prenuptial agreement turns that discretion into a contractual right, confirming that inherited and gifted assets, and what they grow into, stay with the person who received them. For example, 89.67% of Indiana-based HelloPrenup users choose to mark inheritances as separate property.

Marital property in Indiana

Is Indiana a community property state?

No. Indiana divides property under an equitable distribution model, but with an unusually broad starting point. Rather than separating "marital" from "separate" property at the outset, Indiana law treats nearly everything either spouse owns as part of one pool that a court may divide, and it begins from a presumption that an equal split is just and reasonable.

How is property divided in a divorce in Indiana without a prenup?

The division of marital property in Indiana is a two-step process: first, the trial court determines what property must be included in the marital estate, which includes all the property acquired by the joint effort of the parties; and second, the trial court must then divide the marital property under the statutory presumption that an equal division of marital property is just and reasonable (McCord v. McCord, 852 N.E.2d 35 (2006)).

All property owned by either spouse, whether acquired before the marriage, during it, by gift, or by inheritance, goes into the marital pot (i.e., the marital estate), and the court presumes an equal division is fair. A spouse can rebut that presumption by pointing to factors such as each spouse's contributions, how and when the property was acquired (including by inheritance or gift), each spouse's economic circumstances, conduct that dissipated assets, and each spouse's earning ability. A home bought during the marriage with either spouse's paycheck would ordinarily be split under this approach regardless of whose name is on the deed, and so, in theory, could an inheritance a spouse received years earlier.

Does a prenup override equitable distribution in Indiana?

Yes. A properly executed agreement under the Indiana premarital agreement chapter lets a couple replace Indiana's one-pot default with their own rules, such as designating particular assets as separate, deciding how future acquisitions are classified, and setting how jointly built wealth is divided. Because the default is so broad, a prenup often protects more in Indiana than it would in a state that already walls off separate property.

What is separate property in Indiana?

Indiana does not have a statutory category of automatically protected separate property in the way many states do. Premarital assets, inheritances, and gifts all enter the pot, though a court may weigh their origin when deciding whether to depart from an equal division. That is exactly why a premarital agreement carries so much weight here: it is the most reliable way to make "separate" mean something enforceable.

Spousal support in Indiana

Can a prenup waive spousal support in Indiana?

Yes. The Indiana prenuptial agreement chapter allows couples to modify or eliminate spousal support by contract, and such a waiver is subject to the same voluntariness and conscionability standards as the rest of the agreement. Couples may opt to waive spousal support (also called “maintenance” in Indiana) when the parties are both financially independent and neither party plans on becoming a stay-at-home parent. For example, 19.75% of HelloPrenup Indiana couples choose to waive spousal support, but only if children are not born during the marriage. This leaves room for stay-at-home parents to be financially protected by spousal support in the event of a divorce.

How is spousal maintenance determined in Indiana without a prenup?

Indiana courts may award maintenance only in specific circumstances under Ind. Code § 31-15-7-2:

• A spouse is physically or mentally incapacitated to the extent that self-support is materially affected
• A spouse is the caregiver of a child whose incapacity requires the caregiver to forgo employment
• Rehabilitative maintenance is appropriate, generally for up to three years, to allow a spouse to gain education or training

Outside those categories, Indiana does not award ongoing alimony in the way many other states do, which is a significant structural difference. Fault is not a listed basis for maintenance.

How much does a prenup cost in Indiana?

How much does a prenup cost in Indiana?

According to Indiana prenup lawyer, Carla Garino:

A HelloPrenup prenup in Indiana starts at $599 per couple. With add-on Indiana attorneys as an additional fee, if desired.

What is the cheapest way to get a prenup in Indiana?

The most economical route is usually to build the agreement on an online prenup platform and then pay an Indiana-licensed attorney a flat fee to review the finished draft, instead of paying hourly for a lawyer to draft from scratch. However, attorneys are not required in Indiana, so an add-on attorney review is totally optional, though it can help create a barrier of protection around the agreement. HelloPrenup lets couples complete a guided questionnaire and then connect with a licensed attorney for review and explanation.

How much does a prenup lawyer cost in Indiana?

The average hourly rate for an attorney in Indiana is $291 per hour. Attorneys handling prenuptial agreements in Indiana generally charge between $250 and $400 per hour, with Indianapolis and its suburbs, such as Carmel, often at the upper end. A simple agreement with basic assets takes fewer hours than one involving business valuations, trusts, or heavy negotiation between two people.

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How to get a prenup in Indiana

How do I get a prenup in Indiana?

Most couples choose between two paths: each person hires their own attorney, with one drafting and the other reviewing and negotiating, or the couple uses an online platform to generate the agreement and (maybe) adds attorney review afterward. The two-attorney route is usually slower and costlier because drafting time is billed on top of review. Starting online and reserving attorneys for review is typically quicker and cheaper.

Can I write my own prenup in Indiana?

Yes. Nothing in the statute requires a lawyer. The risk is that a self-drafted agreement with vague wording, conflicting/confusing terms, or incorrect financial disclosure is easier to attack, and Indiana's broad one-pot default means a poorly worded agreement may fail to protect the assets the couple meant to protect. For example, if they wanted to protect a premaritally-purchased home, but drafted the agreement with conflicting clauses, it could be thrown out. Some Indiana couples draft the substance themselves and then have an attorney look it over before signing.

How long does it take to get a prenup in Indiana?

Usually a few weeks to a couple of months if you’re hiring two Indiana prenup lawyers. The slowest part is typically assembling the financial disclosure, such as account statements, property records, and debts, and attorney availability can also add more time. However, with HelloPrenup, or other reputable online prenup platforms, Indiana prenups can take as little as two hours to complete.

Do I need a lawyer to get a prenup in Indiana?

No, a lawyer is not legally required as long as the agreement is in writing, signed by both people, voluntary, and not unconscionable. Still, attorney review is one of the best ways to lower the chance of a successful challenge later. In addition, self-drafted agreements can be subject to more risk due to lack of contract-drafting experience of the couple.

Caselaw & enforceability

Are prenups enforceable in Indiana?

Yes, Indiana enforces prenuptial agreements that satisfy the Indiana premarital agreement chapter. A person seeking to avoid enforcement carries the burden of proving involuntariness or unconscionability. Indiana appellate decisions such as Justus v. Justus, 581 N.E.2d 1274 (Ind. Ct. App. 1991), show courts looking closely at what each person knew about the other's finances when the agreement was signed.

How hard is it to break a prenup in Indiana?

Hard. The challenger must prove one of the narrow statutory grounds rather than simply argue the deal was unwise or has worked out badly. Regret, standing alone, is not enough to undo an agreement that was properly signed and fairly disclosed. Even prenups without lawyers or signed the day before hold up in Indiana courts. (McCord v. McCord, 852 N.E.2d 35 (2006); Thompson v. Wolfram, 162 N.E.3d 498 (2020)).

Can a judge throw out a prenup in Indiana?

Yes, but only on grounds the statute recognizes. A judge decides unconscionability as a matter of law and will look at whether the signing was voluntary and whether both people had a fair picture of each other's finances. An agreement that clears both hurdles is difficult to unwind. A judge may not throw out a prenup for regret, dislike, or lack of a 50-50 split. It must be rooted in a true legal ground laid out by Indiana laws.

For example, in Fetters v. Fetters, the judge threw out the prenup due to extreme circumstances involving a minor. The wife was only 16 years old when she signed the agreement, had poor reading skills and difficulty understanding it, had no independent legal counsel, and the agreement was entirely one-sided in the husband's favor. (Fetters v. Fetters, 26 N.E.3d 1016 (2015)).

What can void a prenup in Indiana?

An Indiana prenup agreement may be unenforceable if:

• It was not in writing or not signed by both people
• It was not signed voluntarily
• It was unconscionable when signed
• Curated through fraud, duress, or misrepresentation
• A provision violates public policy or requires an illegal act

Outside those situations, Indiana courts generally hold couples to what they signed.

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Duration & after-marriage

How long does a prenup last in Indiana?

A valid Indiana prenuptial agreement stays in effect for the life of the marriage unless the couple builds in an end date, sometimes known as a “sunset clause.” Some Indiana couples add a sunset clause that ends all or part of the agreement on a particular anniversary, such as a 20th wedding anniversary, recognizing that a long marriage tends to blend finances in ways the original terms did not anticipate.

Can you get a prenup after marriage in Indiana?

Not technically, since a prenuptial agreement must be signed before the wedding. Married couples who want something similar generally turn to a postnuptial agreement, which is evaluated under ordinary contract principles rather than the premarital agreement chapter and tends to draw closer scrutiny because spouses already owe each other a duty of good faith.

Can you change a prenup in Indiana?

Yes. Like other UPAA states, Indiana allows a prenup agreement to be amended or revoked by a written agreement signed by both spouses, with no additional consideration required. The same enforceability standards apply to any amendment as well. There is no mandatory waiting period for amendments, but giving both people time to review changes protects the amendment from a later voluntariness challenge.

Cross-border & recognition

Is a prenup signed in another state valid in Indiana?

Indiana's premarital agreement chapter allows couples to choose which state's law will govern their agreement, and Indiana courts generally honor a reasonable choice of law. An Indiana court asked to enforce an out-of-state prenup will still check whether it meets Indiana's baseline requirements and whether any particular term offends Indiana public policy.

What happens to my Indiana prenup if I move to another state?

That depends on how the new state treats choice-of-law clauses and its own premarital agreement rules. Because Indiana follows the UPAA, many other UPAA states will recognize an Indiana choice-of-law clause without much friction, while states with a different framework may honor the clause but apply their own public policy limits. A clearly drafted choice-of-law provision improves the odds that Indiana law will keep governing the agreement, though it is not a guarantee.