Prenuptial agreement entered into in Louisiana valid in other states?

[johnboy22]

What is the name of your state (only U.S. law)? Louisiana

Hello,

My fiancee and I are getting a prenuptial agreement which keeps our property separate and waives the right to spousal support or alimony. We will be moving on to either Illinois or Iowa soon and I am wondering if it is even worth it to get a prenup. It looks like Iowa does not allow alimony to be waived. Is this still true if the prenup is signed in another state?

The real question is which state's law will govern a prenup contract, the state where it was entered into or the state where the couple resides?

 

[ecmst12]

It will only matter if you get divorced, in which case the laws of the state where you are getting divorced will control.

You should not even be taking one step down the pre-nup road until you and your fiance both have your own, separate lawyers.

 

[johnboy22]

It will only matter if you get divorced, in which case the laws of the state where you are getting divorced will control.

You should not even be taking one step down the pre-nup road until you and your fiance both have your own, separate lawyers.

We both have appointments with separate lawyers in two weeks here in Louisiana, but I am starting to wonder if it will be worth the high fees if it will be unenforceable. Is there any value to having a prenup waiving support if we move to Iowa? Will the fact that the contract was entered into in a state where it was valid hold any weight?

 

[ecmst12]

Your lawyer will be able to advise you about the kind of provisions that will and won't be enforceable in a prenup. You can then decide if it would be wise to proceed.