Indiana: A
Statutes
Indiana Code 31-11-3 (UPAA passed 1997)
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution Only
Courts review unconscionability only at the time of execution, not at enforcement. Changed circumstances during marriage will not invalidate the prenup if it was reasonable when signed. Exception: spousal support modification may not leave one spouse facing “extreme hardship”, a standard at or slightly above public assistance.
Unconscionability Standard
A prenup is unenforceable if the party proves EITHER: (1) involuntary execution OR (2) unconscionable at execution (leaves one spouse in “extreme hardship”).
Public Assistance Alimony Floor
Spousal support can be waived entirely, but if enforcement would cause extreme hardship under unforeseeable circumstances—especially if the impacted spouse would be forced onto public assistance—courts may override the waiver and require only enough support to avoid extreme hardship.
Timing
No minimum specified, but we recommend signing the prenup at least 30-60 days before the wedding, with both parties having 2-3 weeks to review the final version to minimize challenge risk.
Independent Counsel
Not required, but separate counsel dramatically strengthens enforceability if the agreement is later challenged.
Financial Disclosure v
"Fair and reasonable disclosure" of both parties assets, debts and income required, or can be expressly waived in writing. PerfectPrenup includes both.
Medium-High Burden to Challenge
Challenging party must prove the prenup is invalid by preponderance of evidence (standard burden, not the higher "clear and convincing" requirement). The challenger must prove either involuntary execution or “extreme hardship” (left on public assistance) at divorce.
Child Support and Custody
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
Fetters v. Fetters, 26 N.E.3d 1016 (Ind. Ct. App. 2015)
Court invalidated prenup signed by 16-year-old with poor reading skills who had no independent counsel, where the agreement was entirely one-sided and arose from an illegal relationship between a 29-year-old man and 14-year-old girl.
DeHaan v. DeHaan, 572 N.E.2d 1315 (Ind. Ct. App. 1991)
Court awarded wife 50% of couple's timeshare company (worth $67 million) despite prenup limiting her to 20%, finding the marriage functioned as an economic partnership where both spouses worked 50-60 hours weekly building the business together.
Thompson v. Wolfram, 19A-DR-2622 (Ind. Ct. App. 2020)
Court divided $897,046 appreciation in husband's retirement accounts as marital property despite prenup, holding that agreement only protected the initial $97,477 value because it failed to explicitly state that future growth would also remain separate property.
Justus v. Justus, 581 N.E.2d 1265 (Ind. Ct. App. 1991)
Court found prenup requiring husband to pay $500,000 alimony potentially unconscionable where husband's net worth plummeted from $31 million to $300,000 due to bankruptcy, reasoning that enforcement cannot leave a spouse unable to support themselves.
Hunsberger v. Hunsberger, 653 N.E.2d 118 (Ind. Ct. App. 1995)
Court enforced prenup protecting husband's $130,000 retirement accounts despite lack of detailed financial disclosure, holding that agreements are valid if entered freely without fraud, duress, or misrepresentation and confirming Indiana does not require financial disclosure.