Iowa Code » Chapter 596 — PREMARITAL AGREEMENTS
Iowa Code

Iowa Code § 596.5 (2026)

Content

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. Parties to a premarital agreement may contract with respect to the following: 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, dissolution of the marriage, death, or the occurrence or nonoccurrence of any other event. d. The making of a will, trust, or other arrangement to carry out the provisions of the agreement. e. The ownership rights in and disposition of the death benefit from a life insurance policy. f. The choice of law governing the construction of the agreement. g. Any other matter, including the personal rights and obligations of the parties, not in violation of public policy or a statute imposing a criminal penalty. 2. The right of a spouse or child to support shall not be adversely affected by a premarital agreement. 91 Acts, ch 77, §5\n\nTue Dec 09 22:00:10 2025 Iowa Code 2026, Chapter 596 (17, 0) §596.6, PREMARITAL AGREEMENTS 2\n\n 596.6 Effective date of agreement. A premarital agreement becomes effective upon the marriage of the parties. 91 Acts, ch 77, §6

\n
Notes of Decisions
Cited in 20 cases (4 in the last 5 years), 1996–2025 · leading case: Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018).
Sort: Relevance Newest Treatment
Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). · cites it 47× “Iowa Code § 596.5 (1)( g ), (2). B. Attorney Fees for Child Support and Spousal Support.”
In Re the Marriage of Spiegel, 553 N.W.2d 309 (Iowa 1996). · cites it 4× “In 1992, as a part of the uniform premarital agreement act, Iowa Code section 596.5(2) was adopted, reestablishing our prior rule prohibiting these provisions.”
In Re the Marriage of Shanks, 758 N.W.2d 506 (Iowa 2008). · cites it 2× “Iowa Code § 596.5 (2). Thus, the district court correctly concluded the purported alimony waiver in this premarital agreement is invalid and unenforceable.”
Velma J. Hussemann, by Her Next Friend & Attorney-In-Fact Marcella D. Ritter v. Herbert J. Hussemann Jr. & Robert J. Hussemann, as Trs. of the Herbert J. Hussemann Inter Vivos Trust Agreement, Dated June 3, 1991, 847 N.W.2d 219 (Iowa 2014). · cites it 4× “See Iowa Code § 596.5 (1) (providing that parties to a premarital agreement may contract with respect to various matters, including the disposition of property upon death); see also In re Marriage of Shanks, 758 N.”
In re the Marriage of Shanks, 805 N.W.2d 175 (Iowa Ct. App. 2011). · cites it 2× “Iowa Code § 596.5 (2)[ 3 ] *179 At the time of the dissolution hearing in January of 2006, Teresa was receiving temporary alimony of $2500 a month payable on the twentieth of each month commencing on November 20, 2004, when the parties separated.”
Matter of Est. of Spurgeon, 572 N.W.2d 595 (Iowa 1998). · cites it 2× “Grace maintains she should be awarded $900 per month for one year to bring her up to what she and Loyd were making together.”
Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018). · cites it 43× “Iowa Code § 596.5 (1)( g ), (2). Both the district court and court of appeals based their respective analyses on whether a premarital-agreement waiver of attorney fees concerning child custody, child support, or spousal support violates public policy.”
In Re the Marriage of Van Regenmorter, 587 N.W.2d 493 (Iowa Ct. App. 1998). · cites it 6× “…(3)(i). 3 . 2. the right of a spouse or child to support shall not be adversely affected a the premarital agreement. Iowa Code § 596.5 (2).”
In Re the Marriage of Jodi Lynn Erpelding & Timothy John Erpelding Upon the Petition of Jodi Lynn Erpelding, petitioner-appellant/cross-appellee, & Concerning Timothy John Erpelding, respondent-appellee/cross-appellant. (Iowa Ct. App. 2017). · cites it 12× “2d 506, 513 (Iowa 2008); see also Iowa Code § 596.5 (2) (2015). The amount of Jodi’s alimony is to be “calculated equitably” based on all statutory factors, Schenkelberg, 824 N.”
Jodi Lynn Erpelding v. Timothy John Erpelding (Iowa 2018). · cites it 12× “2d 506, 513 (Iowa 2008); see also Iowa Code § 596.5 (2) (2015). The amount of Jodi’s alimony is to be “calculated equitably” based on all statutory factors, Schenkelberg, 824 N.”
Terry Michael Huegli v. Janeen Nan Huegli (Iowa Ct. App. 2016). · cites it 6× “21A(1)(i) with the disavowal of alimony waivers in section 596.5. In our view, the specific language of section 596.”
In re the Marriage of Olson (Iowa Ct. App. 2019). · cites it 4× “See Iowa Code § 596.5 (2) (2018); In re Marriage of Erpelding, 917 N.”
Show all 20 citing cases →
— Iowa Code § 596.5(1) — 2 cases
Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “Iowa Code § 596.5 (1)( g ), (2). B. Attorney Fees for Child Support and Spousal Support.”
Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018). “Iowa Code § 596.5 (1)( g ), (2). Both the district court and court of appeals based their respective analyses on whether a premarital-agreement waiver of attorney fees concerning child custody, child support, or spousal support violates public policy.”
— Iowa Code § 596.5(1)(g) — 2 cases
In Re the Marriage of Jodi Lynn Erpelding & Timothy John Erpelding Upon the Petition of Jodi Lynn Erpelding, petitioner-appellant/cross-appellee, & Concerning Timothy John Erpelding, respondent-appellee/cross-appellant. (Iowa Ct. App. 2017). “2d 506, 513 (Iowa 2008); see also Iowa Code § 596.5 (2) (2015). The amount of Jodi’s alimony is to be “calculated equitably” based on all statutory factors, Schenkelberg, 824 N.”
Jodi Lynn Erpelding v. Timothy John Erpelding (Iowa 2018). “2d 506, 513 (Iowa 2008); see also Iowa Code § 596.5 (2) (2015). The amount of Jodi’s alimony is to be “calculated equitably” based on all statutory factors, Schenkelberg, 824 N.”
— Iowa Code § 596.5(2) — 9 cases
Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “Iowa Code § 596.5 (1)( g ), (2). B. Attorney Fees for Child Support and Spousal Support.”
In Re the Marriage of Spiegel, 553 N.W.2d 309 (Iowa 1996). “In 1992, as a part of the uniform premarital agreement act, Iowa Code section 596.5(2) was adopted, reestablishing our prior rule prohibiting these provisions.”
Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018). “Iowa Code § 596.5 (1)( g ), (2). Both the district court and court of appeals based their respective analyses on whether a premarital-agreement waiver of attorney fees concerning child custody, child support, or spousal support violates public policy.”
In Re the Marriage of Van Regenmorter, 587 N.W.2d 493 (Iowa Ct. App. 1998). “…(3)(i). 3 . 2. the right of a spouse or child to support shall not be adversely affected a the premarital agreement. Iowa Code § 596.5 (2).”
In Re the Marriage of Jodi Lynn Erpelding & Timothy John Erpelding Upon the Petition of Jodi Lynn Erpelding, petitioner-appellant/cross-appellee, & Concerning Timothy John Erpelding, respondent-appellee/cross-appellant. (Iowa Ct. App. 2017). “2d 506, 513 (Iowa 2008); see also Iowa Code § 596.5 (2) (2015). The amount of Jodi’s alimony is to be “calculated equitably” based on all statutory factors, Schenkelberg, 824 N.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.