An Idaho postnuptial agreement enables spouses to establish financial arrangements after marriage. This document (also called “postnup”) empowers them to define the management of assets, liabilities, and financial affairs in the event of divorce or separation.
In contrast to a prenuptial agreement (or “prenup”), which is established prior to the wedding, a postnup protects individual interests after getting married, including inheritances, business holdings, or property acquired.
Legal Considerations
Postnuptial agreements are governed by case law and state statutes, such as those pertaining to Title 32, Chapter 9 on separate and community property.
Asset and Property Rights
Wife’s Separate Property
- The wife has authority over her separate property during the marriage, granting her the ability to manage, control, and dispose of it, as well as enter into contracts regarding such property, on par with a married man’s rights over his assets. [1]
- The husband’s obligations under contracts related to the wife’s separate property should not exceed the extent to which the wife would be bound by similar contracts concerning the husband’s property under comparable circumstances.
Marriage and Divorce
Separation Agreement
- Contracts formed both prior to and after marriage, including those contemplating divorce, are legally recognized as marriage settlements. [2]
- Marriage settlements must be recorded in the recorder’s office of every county where any affected real estate is located. [3]
- Postnuptial agreements that violate public policy are considered void and unenforceable. [4]
