Ind. Code » Title 31
Indiana Code

Ind. Code § 31-11-3-5 (2026)

Content; child support unaffected

✓ current as of May 2026
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     Sec. 5. (a) Parties to a premarital agreement may contract with each other regarding the following matters:

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

(2) The right to:

(A) buy;

(B) sell;

(C) use;

(D) exchange;

(E) abandon;

(F) lease;

(G) consume;

(H) expend;

(I) assign;

(J) create a security interest in;

(K) mortgage;

(L) encumber;

(M) dispose of; or

(N) otherwise manage and control;

property.

(3) The disposition of property upon:

(A) legal separation;

(B) dissolution of marriage;

(C) death; or

(D) the occurrence or nonoccurrence of any other event.

(4) The modification or elimination of spousal maintenance.

(5) The making of:

(A) a will;

(B) a trust; or

(C) other arrangement;

to carry out the provisions of the agreement.

(6) The ownership rights in and disposition of a death benefit from a life insurance policy.

(7) The choice of law governing the construction of the agreement.

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

     (b) A premarital agreement may not adversely affect the right of a child to support.

[Pre-1997 Recodification Citation: 31-7-2.5-5.]

As added by P.L.1-1997, SEC.3.

 

Notes of Decisions
Cited in 3 cases, 2000–2018 · leading case: Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018).
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Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “); Indiana, Ind. Code Ann. § 31-11-3-5 (a)(4) (West, Westlaw through 2017 First Reg.”
In Re Marriage of Pendleton & Fireman, 5 P.3d 839 (Cal. 2000). · cites it 2× “(Ind.Code§ 31-11-3-5.) [10] New York ( N.Y.”
Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018). “); Indiana, Ind. Code Ann. § 31-11-3-5 (a)(4) (West, Westlaw through 2017 First Reg.”
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