Idaho Code

Idaho Code § 32-923 (2026)

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✓ current as of May 2026

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(1) Parties to a premarital agreement may contract with respect to:

(a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(b) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(c) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(d) The modification or elimination of spousal support;

(e) The making of a will, trust, or other arrangement to carry out the provisions of the agreement;

(f) The ownership rights in and disposition of the death benefit from a life insurance policy;

(g) The choice of law governing the construction of the agreement; and

(h) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(2) The right of a child to support may not be adversely affected by a premarital agreement.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2000–2022 · leading case: Kelly v. Kelly, 518 P.3d 326 (Idaho 2022).

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Kelly v. Kelly, 518 P.3d 326 (Idaho 2022). · cites it 2× “01 prohibits Brandi (or Brandon) from requesting attorney fees for issues related to child custody, visitation, or support, it is against public policy, in violation of Idaho Code section 32-923(1)(h), and therefore void.”

Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “); Idaho, Idaho Code Ann. § 32-923 (1)(d) (West, Westlaw through 2017 1st Reg.”

In Re Marriage of Pendleton & Fireman, 5 P.3d 839 (Cal. 2000). · cites it 2× “§ 572 D-3); Idaho ( Idaho Code § 32-923 ); Illinois (750 Ill.”

Bettwieser v. Bettwieser (Idaho Ct. App. 2022). · cites it 2× “§ 32-925, which Carole did not prove and that I.C. § 32-923(g) provides that parties to a premarital agreement may contract to the choice of law, which they did by requiring a fault-based cause.”

Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018). “); Idaho, Idaho Code Ann. § 32-923 (1)(d) (West, Westlaw through 2017 1st Reg.”

— Idaho Code § 32-923(1)(h) — 1 case

Kelly v. Kelly, 518 P.3d 326 (Idaho 2022). “01 prohibits Brandi (or Brandon) from requesting attorney fees for issues related to child custody, visitation, or support, it is against public policy, in violation of Idaho Code section 32-923(1)(h), and therefore void.”

— Idaho Code § 32-923(g) — 1 case

Bettwieser v. Bettwieser (Idaho Ct. App. 2022). “§ 32-925, which Carole did not prove and that I.C. § 32-923(g) provides that parties to a premarital agreement may contract to the choice of law, which they did by requiring a fault-based cause.”

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