Prenuptial Agreement Laws by State
A prenuptial agreement is a written contract two people sign before they marry. It can set out how property, debts and sometimes spousal support will be handled if the marriage ends in divorce or death. State law decides what a prenup may cover and what makes it enforceable, so the same agreement can be treated differently depending on where it is signed or enforced.
45 states and DC compared. Last checked .
At a glance
- Financial disclosure required
- 40 of 41
- States and DC where the answer is yes or yes in some cases.
- Independent counsel required
- 6 of 37
- States and DC where the answer is yes or yes in some cases.
Compare prenuptial agreement laws
Many states have adopted a version of a uniform law on premarital agreements, either the Uniform Premarital Agreement Act (UPAA) or the newer Uniform Premarital and Marital Agreements Act (UPMAA). Other states rely on their own statutes or on court decisions. Common questions include whether each party must disclose their finances, whether there is a waiting or review period, and whether independent lawyers are required.
46 of 46 shown
| Uniform act | Waiting or review period | Sources | |||
|---|---|---|---|---|---|
| AZArizona | UPAA-based statute (A.R.S. 25-201 to 25-205)The enforcement section tracks the Uniform Premarital Agreement Act text, though the statute does not use the uniform act name. | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| ARArkansas | UPAA-based statute (Ark. Code 9-11-401 to 9-11-413)Arkansas Premarital Agreement Act; the enforcement rule follows the UPAA model. | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| CACalifornia | UPAA (Cal. Fam. Code 1600 to 1617) | Only if also unconscionable | 7 calendar days to review final draftFor agreements signed on or after January 1, 2020, at least 7 calendar days between first receiving the final agreement and signing, even with a lawyer. | Required or waived in writing | |
| COColorado | UPMAA (C.R.S. 14-2-301 to 14-2-313) | Yes, unless already known | Reasonable time to consult a lawyerNo fixed number of days; a party must have a reasonable time to decide on, find and consult a lawyer before signing. | Access to a lawyer required | |
| CTConnecticut | State act (C.G.S. 46b-36a to 46b-36j)Connecticut Premarital Agreement Act. | Yes | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No, but must have a chance to consult | |
| DEDelaware | UPAA-based statute (13 Del. C. 321 to 328)The subchapter tracks the Uniform Premarital Agreement Act text, though it does not use the uniform act name. | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| DCDistrict of Columbia | UPAA (D.C. Code 46-501 to 46-510) | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| FLFlorida | UPAA (Fla. Stat. 61.079) | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| GAGeorgia | No uniform act: O.C.G.A. 19-3-62O.C.G.A. 19-3-62 sets formalities: writing, both signatures, two witnesses including a notary public. | Not listed | Not listed | Not listed | |
| HIHawaii | UPAA (HRS ch. 572D) | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| IDIdaho | UPAA (Idaho Code 32-921 to 32-929) | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| ILIllinois | UPAA (750 ILCS 10) | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| INIndiana | UPAA-based statute (IC 31-11-3)The chapter tracks Uniform Premarital Agreement Act text, though the sections reviewed do not use the uniform act name. | Not required by statute | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| IAIowa | UPAA (Iowa Code ch. 596)Iowa Uniform Premarital Agreement Act. | Yes, unless already known | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| KSKansas | UPAA (K.S.A. 23-2401 to 23-2411) | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving the agreement and signing it. | No | |
| KYKentucky | No uniform act: case law governsThe Kentucky Supreme Court set the enforcement criteria in Gentry v. Gentry (1990). | Yes | Not listed | Not listed | |
| LALouisiana | No uniform act: La. Civ. Code arts. 2328 to 2333Louisiana treats prenups as matrimonial agreements under its Civil Code. | Not listed | No statutory waiting periodArticle 2329 sets no waiting period. Changing the regime during marriage generally needs a joint petition and court approval. | No | |
| MEMaine | UPAA (19-A M.R.S. 601 to 611) | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving and signing the agreement. | No | |
| MDMaryland | No uniform act: case law governsIn Cannon v. Cannon (2005) Maryland's highest court declined to adopt the UPAA and left that choice to the General Assembly. | Weighed in overreaching test | Not listed | Not listed | |
| MAMassachusetts | No uniform act: G.L. c. 209, s. 25 and case lawCourts apply the fair disclosure rules from Rosenberg v. Lipnick and DeMatteo v. DeMatteo (2002). | Yes, unless already known | Not listed | Not listed | |
| MIMichigan | No uniform act: MCL 557.28 and case lawCourts apply the standards described in Rinvelt v. Rinvelt (1991). | Yes | Not listed | Not listed | |
| MNMinnesota | No uniform act: Minn. Stat. 519.11Minnesota's own statute, substantially rewritten in 2024 (2024 c 101). | Yes, cannot be waived | Sign at least 7 days before the weddingAn agreement signed 7 or more days before the wedding is presumed enforceable; one signed later is not, and its proponent bears the burden of proof. | No, but must have a chance to consult | |
| MSMississippi | No uniform act: case law governsNo uniform act; enforceability is decided under court decisions such as Mabus v. Mabus (2003). | Not listed | Not listed | No | |
| MOMissouri | No uniform act: RSMo 451.220 and case lawCourts apply the Whitenton standard as restated in Gould v. Rafaeli (1991). | Yes | No statutory waiting periodRSMo 451.220 sets form rules (writing, acknowledgment or a subscribing witness) but no waiting period. | Not listed | |
| MTMontana | UPAA (Mont. Code Ann. 40-2-601 to 40-2-610)Adopted in 1987. | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving and signing the agreement. | No | |
| NENebraska | UPAA (Neb. Rev. Stat. 42-1001 to 42-1011)Adopted in 1994. | Only if also unconscionable | No statutory waiting periodNo minimum period, but courts may weigh how close to the wedding the agreement was signed when judging voluntariness. | No | |
| NVNevada | Modified UPAA (NRS ch. 123A)Adopted in 1989 with changes to the model act's disclosure rule. | Yes, unless waived or already known | No statutory waiting periodThe statute sets no minimum time between receiving and signing the agreement. | No | |
| NHNew Hampshire | No uniform act: RSA 460:2-a and case lawRSA 460:2-a was last amended in 2023 (eff. June 25, 2023) and now refers to two people in contemplation of marriage. | Yes | No fixed period: courts weigh timingCourts require an opportunity to seek independent advice and a reasonable time to reflect. In Hollett an agreement signed on the morning of the wedding was set aside. | Not listed | |
| NJNew Jersey | Modified UPAA (N.J.S.A. 37:2-31 to 37:2-41)Uniform Premarital and Pre-Civil Union Agreement Act, amended in 2013. | Yes, unless waived or already known | No statutory waiting periodThe statute sets no minimum time between receiving and signing the agreement. | Required or waived in writing | |
| NMNew Mexico | UPAA (NMSA 1978, 40-3A-1 to 40-3A-10) | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving and signing the agreement. | No | |
| NYNew York | No uniform act: DRL 236(B)(3)New York's own Domestic Relations Law provision governs agreements made before or during marriage. | Not listed | No statutory waiting periodThe statute requires a signed, acknowledged writing but no minimum time before the wedding. | No | |
| NCNorth Carolina | UPAA (N.C. Gen. Stat. ch. 52B)Adopted in 1987. | Only if also unconscionable | No statutory waiting periodThe statute sets no minimum time between receiving and signing the agreement. | No | |
| NDNorth Dakota | UPMAA (N.D.C.C. ch. 14-03.2)Applies to premarital and marital agreements signed after July 31, 2013. | Yes, unless waived or already known | Reasonable time to consult a lawyerNo fixed number of days. Before signing, a party must have a reasonable time to decide on, locate and consult independent counsel. | Access to a lawyer required | |
| OHOhio | No uniform act: case law governsCourts apply the three-part test from Gross v. Gross (Ohio 1984). | Yes, unless already known | Not listed | Not listed | |
| OROregon | UPAA (ORS 108.700 to 108.740) | Only if also unconscionable | No statutory waiting periodThe Oregon act sets no minimum time between receiving and signing the agreement; timing can still matter to whether it was signed voluntarily. | No | |
| PAPennsylvania | No uniform act: 23 Pa.C.S. 3106 | Yes, unless waived or already known | No statutory waiting periodSection 3106 sets no minimum time between receiving and signing the agreement. | No | |
| RIRhode Island | UPAA (R.I. Gen. Laws ch. 15-17) | Only if involuntary and unconscionable | No statutory waiting periodThe enforcement section sets no minimum time between receiving and signing the agreement. | No | |
| SCSouth Carolina | No uniform act: S.C. Code 20-3-630 and case lawCourts apply the three-part test from Hardee v. Hardee (S.C. 2003). | Yes | Not listed | Needed for presumption of fairness | |
| SDSouth Dakota | UPAA (SDCL 25-2-16 to 25-2-25) | Only if also unconscionable | No statutory waiting periodThe enforcement section sets no minimum time between receiving and signing the agreement. | No | |
| TNTennessee | No uniform act: Tenn. Code 36-3-501Binding if entered freely, knowledgeably and in good faith, without duress or undue influence. | Not listed | Not listed | Not listed | |
| TXTexas | UPAA (Tex. Fam. Code ch. 4, subch. A) | Only if also unconscionable | No statutory waiting periodThe Texas act sets no minimum time between receiving and signing the agreement; timing can still matter to whether it was signed voluntarily. | No | |
| UTUtah | UPAA (Utah Code 81-3-201 to 81-3-208)Now codified at Utah Code Title 81, Chapter 3, Part 2 (version effective September 1, 2024). | Only if also fraudulent | No statutory waiting periodThe Utah act sets no minimum time between receiving and signing the agreement; timing can still matter to whether it was signed voluntarily. | No | |
| VAVirginia | State act (Va. Code 20-147 and following)Virginia Premarital Agreement Act; applies to premarital agreements signed on or after July 1, 1986. | Only if also unconscionable | No statutory waiting periodThe enforcement section sets no minimum time between receiving and signing the agreement. | No | |
| WAWashington | No uniform act: case law governsCourts apply the two-prong test from In re Marriage of Bernard (Wash. 2009). | Only if terms are unfair | No fixed period: courts weigh timingIn Bernard, too little time for review before the wedding helped make the agreement procedurally unfair. | Weighed if terms are unfair | |
| WVWest Virginia | UPAA (W. Va. Code art. 48-1A)Adopted in 2023; applies to premarital agreements signed on or after July 1, 2023. | Only if also unconscionable | No statutory waiting periodArticle 48-1A sets no minimum time between receiving and signing the agreement. | No, but must acknowledge the chance to consult | |
| WIWisconsin | State act (Wis. Stat. 766.58)Persons intending to marry may sign a marital property agreement, which takes effect only upon marriage. | Yes, unless the party had notice | Not listed | No |
Alabama, Alaska, Oklahoma, Vermont and Wyoming are not listed because we could not confirm the current rule from the statute text.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.
Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.
Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.
Prenuptial Agreement Laws: state by state
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- Washington
- West Virginia
- Wisconsin
Frequently asked questions
What makes a prenuptial agreement enforceable?
Generally it must be in writing, signed by both parties and entered into voluntarily. Many states also look at whether there was fair financial disclosure and whether the terms were unconscionable when signed. The exact test depends on state law.
What is the difference between the UPAA and the UPMAA?
Both are model laws written by the Uniform Law Commission. The UPAA (1983) covers agreements made before marriage. The UPMAA (2012) covers both premarital and marital (postnuptial) agreements and adds more specific rules on disclosure and access to independent legal representation. A state's adopted version may differ from the model text.
Do both spouses need their own lawyer for a prenup?
Not always. Some states require independent counsel or an opportunity to consult a lawyer for certain terms, such as a spousal support waiver. Even where it is not required, separate counsel can make the agreement more likely to hold up.
Can a prenup decide child support or custody?
No. Courts decide child support and custody based on the child's best interests at the time, and a prenuptial agreement cannot reduce a child's right to support.
Can a prenuptial agreement be changed after the wedding?
Usually yes. Spouses can typically amend or revoke a prenup with a later written agreement signed by both. A new agreement made during the marriage is often called a postnuptial agreement and may have its own requirements.
Financial disclosure required: which states say yes?
Of the 41 jurisdictions we checked, the answer is yes in 16 jurisdictions, in some cases in 24, no in 1. Yes: Colorado, Connecticut, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, North Dakota, Ohio, Pennsylvania, South Carolina and Wisconsin. In some cases: Arizona, Arkansas, California, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Kansas, Maine, Maryland, Montana, Nebraska, New Mexico, North Carolina, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, Washington and West Virginia.