What Is an Indiana Postnuptial Agreement?
An Indiana postnuptial agreement lets couples adjust their financial planning after marriage. It’s a helpful tool for when either partner endures life changes. It can help spouses manage assets, property, and spousal support. A postnup, often called a reconciliation agreement in Indiana, is different from a divorce agreement, which spouses draft when they are planning to end their marriage. IN Code § 31-11-7-5 defines a postmarital agreement as:
- A written agreement between two spouses executed after the spouses have entered into the marriage, and
- Executed while the spouses are married to each other.
This means a postnup must occur after a couple is already legally married. In Indiana, spouses who want to make an agreement before they marry can sign a prenuptial agreement.
For a postnup in Indiana to be enforceable, the agreement must be in writing and each spouse must enter into it knowingly. A court can overturn a postnup obtained by fraud or misinformation or if it is deeply unfair (Hall v. Hall (2015)).
If spouses divorce in Indiana, the law presumes equal division of marital property (IN Code § 31-15-7-5). This means the starting point in a divorce is that marital assets are split down the middle between the spouses. A couple with a postnup can rebut the equitable division presumption.
How to Write a Postnuptial Agreement for Indiana
You can use the Legal Templates builder to create your own customized Indiana postnuptial agreement. This can help you and your spouse distribute property in a way that works for you both if the marriage ends. Follow these steps to create yours:
- Enter the names and addresses of the spouses.
- Name and list any children from the marriage or previous marriages.
- Acknowledge that both parties have given full and fair disclosure of financial information.
- Say whether property owned prior to the marriage is separate or joint marital property.
- Say whether property acquired during the marriage is separate or joint marital property.
- Say how a business owned or acquired during the marriage will be divided.
- Say how debts and taxes acquired before and during the marriage will be divided.
- Say how the marital home and household expenses will be divided.
- Say whether one spouse will own shared pets or if there will be joint ownership. (Use a pet custody agreement to plan for the care of their animals.)
- Say who will be responsible for spousal support and what the duration will be.
- State the amount and payment terms of spousal support.
- Agree to waive spousal support if desired.
- Include provisions in the event of death or disability.
- Decide how disputes on the agreement will be handled (court, mediation, or arbitration).
- Preview and print the agreement. Consider getting a notary acknowledgment for added validity.
Indiana law allows courts to order spousal maintenance, also called spousal support, in certain circumstances (IN Code § 31-15-7-2). With a postnuptial agreement, you and your spouse can agree in advance to override the conditions laid out in the statute.
Sample Indiana Postnuptial Agreement
View a free Indiana postnuptial agreement template to learn its key elements. Then, download it in PDF or Word format.
Legal Requirements and Considerations for Indiana Postnups
As you write your postnuptial agreement, consider some factors to ensure your contract is valid and enforceable.
Signing Requirements
State law says that prenups must be signed by both spouses (IN Code § 31-11-3-4). While there’s no direct citation for postnups, it can be assumed that the requirement is the same.
Legal Representation
Each spouse should have their own attorney review the postnup. This helps to make the case later that the agreement was entered into intentionally and knowingly in case either spouse wants to rely on its terms. It also allows each spouse to make changes so that the agreement is in their best interest.
Excluded Terms
There are some things you can’t include in an Indiana postnup. One example is child custody, which Indiana courts determine based on the child’s best interests, among other factors. You cannot set up a child custody agreement in a postnup in Indiana.
Voluntariness
A postnup is a contract, and both parties must enter it voluntarily (Flansburg v. Flansburg (1991)). They must not sign it under threat or duress.
Full Disclosure
For a postmarital agreement to be valid in Indiana, both parties must have made fair and complete financial disclosure. This typically includes assets, debts, business interests, and other financial obligations.
