Prenuptial Agreements in Indiana: What You Can (and Cannot) Include
Getting married is exciting — but it’s also a major financial and legal commitment. One of the best ways to protect your future marriage and your financial security is by creating a prenuptial agreement (or prenup). For many couples, discussing a prenup can feel intimidating, but it’s an important conversation that sets the stage for clarity and fairness in the years ahead. At Thrive for Life Counseling, we often support engaged couples through virtual therapy for couples, marriage therapy, and premarital counseling online, helping them navigate these important conversations with compassion and understanding.
The Laws on Prenuptial Agreements in Indiana
Prenuptial agreements in Indiana are governed by the Uniform Premarital Agreement Act (UPAA), a model law that 28 states follow. This law outlines what you can include in a prenup — and what you can’t. In Indiana, couples can address:
Property rights and obligations
Buying, selling, or managing property
How property will be divided upon divorce, separation, or death
Modifying or eliminating spousal support (called “maintenance” in Indiana)
Creating wills or trusts to carry out the agreement
Distribution of life insurance benefits
Which state’s law governs the prenup
Other legal or personal matters not against public policy
Matters relating to child custody or child support cannot be included in an Indiana prenuptial agreement. These issues are determined by the court at the time of divorce based on the best interests of the child.
Property Division Matters
One of the main purposes of a prenup is to determine what happens to property and assets in the event of a divorce. Couples can classify assets — like real estate, inheritance, businesses, debt, bank accounts, investment accounts, and retirement funds — as separate or marital property. You can also decide how marital property will be divided (50/50, proportionate to contributions, etc.), which provides clarity and avoids conflict later.
Spousal Support (Maintenance) Matters
Without a prenup, a court may order spousal support after a divorce. Through a prenuptial agreement, you can waive spousal support altogether, limit the amount, or create conditions under which it is paid. This gives couples more control over their financial futures.
Estate Planning and Life Insurance Clauses
Prenups can complement an estate plan by requiring a spouse to create a will or trust in line with the agreement. Couples can also waive spousal elective shares to ensure that assets go to children from previous marriages. Life insurance clauses are another helpful feature — you can require one partner to take out a life insurance policy with a set benefit amount to provide security for the other spouse.
Other Clauses
Indiana prenups can also include provisions for:
Tax filing preferences
Pet custody
Confidentiality
Choice of law (which state’s law applies)
Who remains in the family home after a divorce
What Cannot Be Included
Matters regarding child custody and support are excluded because they must be determined based on the best interests of the child at the time of the divorce. Additionally, while some couples ask about infidelity clauses or lifestyle clauses, these may not always be enforceable in Indiana — but they can still be included as a way to set clear expectations in the relationship.
Conclusion
Discussing a prenuptial agreement can feel uncomfortable, but it can also foster open communication and trust before entering marriage. If you and your partner need a supportive space to talk through finances, property division, or expectations for marriage, virtual therapy or premarital counseling online can help you navigate these important decisions with clarity and respect.
Thrive for Life Counseling offers affordable online counseling, couples therapy, and marriage therapy to residents of Indiana, Illinois, Florida, Missouri, and New Jersey. Our services are 100% virtual — private, convenient, and accessible from anywhere — and we accept most major insurance plans.
Take the first step toward building a strong foundation for your marriage. Schedule a consultation with one of our experienced therapists today.
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