Alabama (AL) al-2026-07-22.3 | 3 sources | Ala. Code § 43-8-72A surviving spouse may waive some or all elective-share, homestead-allowance, exempt-property, and family-allowance rights before or after marriage through a written contract, agreement, or waiver signed after fair disclosure. | Open AL checklist → |
Alaska (AK) ak-2026-07-23.3 | 2 sources | Alaska Stat. § 34.77.090(g)–(i)Section 34.77.090 supplies different enforcement formulations for agreements executed during marriage and before marriage, addressing voluntariness, execution-time unconscionability, disclosure, written waiver, and financial notice; the court decides unconscionability as a matter of law. Brooks v. Brooks, 733 P.2d 1044 (Alaska 1987)Material nondisclosure, misrepresentation, fraud, mistake, or duress can defeat enforcement under Brooks; the actual schedules, debts, values, and knowledge record must be preserved. | Open AK checklist → |
Arizona (AZ) az-2026-07-20.3 | 1 source | A.R.S. § 25-202(C)(2)For the statutory unconscionability ground, Arizona also examines fair and reasonable disclosure, written waiver of further disclosure, and adequate knowledge of the other party's property or obligations. | Open AZ checklist → |
Arkansas (AR) ar-2026-07-22.3 | 2 sources | Ark. Code Ann. § 9-11-406(a)(2), (c)The execution-time unconscionability ground also requires no fair disclosure, no qualifying written waiver after consulting counsel, and no adequate financial knowledge. | Open AR checklist → |
California (CA) ca-2026-07-18.3 | 1 source | Cal. Fam. Code § 1615(a)–(b)The enforcement framework addresses voluntary execution, unconscionability, disclosure, written waiver, and adequate knowledge. | Open CA checklist → |
Colorado (CO) co-2026-07-22.3 | 1 source | C.R.S. § 14-2-309(1)(d), (4)Before signing, a party needs reasonably accurate property, liability, and income information plus good-faith values, or adequate knowledge or a reasonable basis for it. | Open CO checklist → |
Connecticut (CT) ct-2026-07-21.3 | 1 source | Conn. Gen. Stat. § 46b-36g(a)(3)Before execution, Connecticut requires fair and reasonable disclosure of the amount, character, and value of the other party's property, financial obligations, and income for this enforcement safeguard. | Open CT checklist → |
Delaware (DE) de-2026-07-21.3 | 1 source | 13 Del. C. § 326(a)(2)For Delaware's statutory unconscionability ground, the statute also examines fair and reasonable disclosure, written waiver of further disclosure, and adequate knowledge of the other party's property or financial obligations. | Open DE checklist → |
Florida (FL) fl-2026-07-18.3 | 1 source | Fla. Stat. § 61.079(7)(a)Florida addresses voluntary execution, fraud, duress, coercion, overreaching, and an unconscionability/disclosure framework. | Open FL checklist → |
Georgia (GA) ga-2026-07-22.3 | 1 source | Mallen v. Mallen, 280 Ga. 43, 622 S.E.2d 812 (2005)Mallen held that general knowledge of the character and extent of assets and income could suffice on its record even without precise income figures and considered the duty to inquire absent fraud or misrepresentation. | Open GA checklist → |
Hawaii (HI) hi-2026-07-22.3 | 2 sources | Haw. Rev. Stat. § 572D-6(a)(2)Hawaii's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations. L.R.O. v. N.D.O., 148 Hawai‘i 336, 475 P.3d 1167 (2020)L.R.O. held that section 572D-6(a)(2) requires both substantive and procedural unconscionability: substantive unconscionability concerns an unjustly disproportionate post-divorce economic result, while procedural unconscionability concerns inadequate financial knowledge at execution. | Open HI checklist → |
Idaho (ID) id-2026-07-22.3 | 1 source | Idaho Code § 32-925(1)(b), (3)Idaho's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations. | Open ID checklist → |
Illinois (IL) il-2026-07-18.3 | 1 source | 750 ILCS 10/7(a), (c)Illinois addresses voluntary execution and an unconscionability framework involving disclosure, written waiver, and adequate knowledge. | Open IL checklist → |
Indiana (IN) in-2026-07-22.3 | 1 source | | Open IN checklist → |
Iowa (IA) ia-2026-07-22.3 | 1 source | Iowa Code § 596.8(1)(c) (2026)Iowa's disclosure ground examines whether the resisting party received fair and reasonable disclosure and lacked, or reasonably could not have had, adequate knowledge of the other spouse's property or financial obligations. | Open IA checklist → |
Kansas (KS) ks-2026-07-22.3 | 1 source | K.S.A. § 23-2407(a)(2), (c)Kansas's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations. | Open KS checklist → |
Kentucky (KY) ky-2026-07-23.3 | 3 sources | Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990)Gentry recognizes divorce-related premarital property agreements that were freely, knowingly, and voluntarily executed after full disclosure, subject to review for defects, unconscionability, and materially changed circumstances. | Open KY checklist → |
Louisiana (LA) la-2026-07-23.3 | 1 source | | Open LA checklist → |
Maine (ME) me-2026-07-22.3 | 1 source | 19-A M.R.S. § 608(1)(B), (3) (2025)Maine's execution-time unconscionability ground also examines fair and reasonable disclosure, express written waiver, and adequate knowledge of the other party's property or financial obligations. | Open ME checklist → |
Maryland (MD) md-2026-07-23.3 | 4 sources | Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005)Cannon restates Maryland's antenuptial-agreement framework, including the confidential relationship, enforcement burden, overreaching, disclosure or knowledge, voluntariness, counsel opportunity, and execution-time fairness. | Open MD checklist → |
Massachusetts (MA) ma-2026-07-23.3 | 1 source | | Open MA checklist → |
Michigan (MI) mi-2026-07-23.3 | 3 sources | | Open MI checklist → |
Minnesota (MN) mn-2026-07-23.3 | 1 source | Minn. Stat. § 519.11, subd. 1b(a)–(b)(1)Each party must provide reasonably accurate material income facts, good-faith property-value estimates, and the basis for those disclosures; this requirement cannot be waived. | Open MN checklist → |
Mississippi (MS) ms-2026-07-23.3 | 2 sources | | Open MS checklist → |
Missouri (MO) mo-2026-07-23.3 | 3 sources | Mo. Rev. Stat. §§ 474.120, 474.220Missouri's intestate-waiver provision calls for disclosure of legal rights and all property interests, while the testate-election provision separately addresses disclosure of the right waived. | Open MO checklist → |
Montana (MT) mt-2026-07-22.3 | 2 sources | Mont. Code Ann. § 40-2-608(1)(b), (3)Montana's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations. In re Marriage of Bliss, 2016 MT 51Bliss affirmed enforcement where notarization, original-file evidence, counsel consultation, a later free-will affidavit, and knowledge of omitted low-profit businesses supported voluntariness and fair disclosure. | Open MT checklist → |
Nebraska (NE) ne-2026-07-22.3 | 1 source | Neb. Rev. Stat. § 42-1006(1)(b), (3)Nebraska's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations. | Open NE checklist → |
Nevada (NV) nv-2026-07-22.3 | 2 sources | NRS 123A.080(1)(c)Nevada separately permits a challenger to prove all three disclosure conditions: no fair and reasonable disclosure before execution, no voluntary express written waiver of further disclosure, and no adequate knowledge of the other party's property or financial obligations. Fick v. Fick, 109 Nev. 458, 851 P.2d 445 (1993)Fick affirmed that the agreement's alimony-waiver provisions were unenforceable where the asset schedule was not supplied until after signing and marriage and the record did not establish adequate prior knowledge of the full assets and obligations. | Open NV checklist → |
New Hampshire (NH) nh-2026-07-23.3 | 2 sources | | Open NH checklist → |
New Jersey (NJ) nj-2026-07-22.3 | 3 sources | N.J. Stat. § 37:2-33New Jersey's formality section expressly requires a statement of assets to be annexed to the agreement, independently of the current enforcement section's full-and-fair-disclosure analysis. N.J. Stat. § 37:2-38(c)(1)–(3)The current unconscionability inquiry lists absence of full and fair disclosure, absence of a voluntary express written waiver of further disclosure, and absence of actual or reasonably available adequate knowledge among its execution-time circumstances. | Open NJ checklist → |
New Mexico (NM) nm-2026-07-22.3 | 2 sources | N.M. Stat. § 40-3A-7(A)(2)New Mexico's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations. | Open NM checklist → |
New York (NY) ny-2026-07-18.3 | No separate record | The package does not encode this as a standalone topic. No legal absence is inferred. | Open NY checklist → |
North Carolina (NC) nc-2026-07-22.3 | 2 sources | N.C. Gen. Stat. § 52B-7(a)(2)North Carolina's execution-time unconscionability branch also requires no fair and reasonable disclosure, no voluntary express written waiver of further disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations. | Open NC checklist → |
North Dakota (ND) nd-2026-07-22.3 | 1 source | N.D.C.C. § 14-03.2-08(1)(d), (4)North Dakota defines adequate disclosure through a reasonably accurate description and good-faith value estimate, a separate signed waiver of further disclosure, or adequate knowledge or a reasonable basis for it. | Open ND checklist → |
Ohio (OH) oh-2026-07-23.3 | 2 sources | Gross v. Gross, 11 Ohio St. 3d 99 (1984)The proponent must establish full disclosure or the other party's full knowledge and understanding of the nature, value, and extent of the proponent's property when the bargain is disproportionate. | Open OH checklist → |
Oklahoma (OK) ok-2026-07-23.3 | 4 sources | Griffin v. Griffin, 2004 OK CIV APP 58Fair disclosure generally requires approximate information about net worth and property character before execution, not invariably exact appraisal-level detail. Griffin v. Griffin, 2004 OK CIV APP 58If an agreement is apparently unfair on its face, equity presumes against validity and places on the proponent the burden to show full disclosure or the other party's effective awareness. Griffin v. Griffin, 2004 OK CIV APP 58A contractual recital of full disclosure may create a presumption of disclosure, rebuttable by clear and convincing proof of fraud or misrepresentation. | Open OK checklist → |
Oregon (OR) or-2026-07-22.3 | 1 source | ORS 108.725(1)(b), (3)Oregon's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations. | Open OR checklist → |
Pennsylvania (PA) pa-2026-07-22.3 | 2 sources | 23 Pa.C.S. § 3106(a)(2)The disclosure branch requires the challenger to prove all three conditions before execution: no fair and reasonable disclosure, no voluntary express written waiver of additional disclosure, and no adequate knowledge of the other party's property or financial obligations. | Open PA checklist → |
Rhode Island (RI) ri-2026-07-22.3 | 1 source | R.I. Gen. Laws § 15-17-6(a)(2)(i)–(iii)The challenger must prove no fair and reasonable disclosure, no voluntary express written waiver of additional disclosure, and no actual or reasonably available adequate knowledge of the other party's property or financial obligations. | Open RI checklist → |
South Carolina (SC) sc-2026-07-23.3 | 1 source | | Open SC checklist → |
South Dakota (SD) sd-2026-07-22.3 | 1 source | S.D. Codified Laws § 25-2-21(a)(2), (b)South Dakota's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations. | Open SD checklist → |
Tennessee (TN) tn-2026-07-23.3 | 4 sources | | Open TN checklist → |
Texas (TX) tx-2026-07-18.3 | 1 source | Tex. Fam. Code § 4.006Texas addresses voluntary signing and an unconscionability framework involving disclosure, written waiver, and adequate knowledge. | Open TX checklist → |
Utah (UT) ut-2026-07-22.3 | 2 sources | Utah Code § 81-3-205(1)(b), (3)Utah's second enforcement ground requires fraud at execution together with reasonable-disclosure, written-waiver, and adequate-knowledge conditions. Keyes v. Keyes, 2015 UT App 114Keyes holds that fraud is separate from the three disclosure conditions and all four requirements must be satisfied under Utah's statutory fraud ground. | Open UT checklist → |
Vermont (VT) vt-2026-07-23.3 | 3 sources | 14 V.S.A. § 323(b)A contestant may show involuntariness, fraud, duress, coercion, unconscionability or material change, deficient disclosure, or no meaningful access to independent counsel. | Open VT checklist → |
Virginia (VA) va-2026-07-21.3 | 1 source | Va. Code § 20-151(A)(2)–(B)For Virginia's statutory unconscionability ground, the statute examines fair and reasonable disclosure and voluntary, express written waiver of disclosure beyond what was provided; agreement recitations create a prima facie presumption of factual correctness. | Open VA checklist → |
Washington (WA) wa-2026-07-23.3 | 1 source | | Open WA checklist → |
West Virginia (WV) wv-2026-07-23.5 | 1 source | W. Va. Code § 48-1A-601(a)(3), (b)Adequate disclosure may rest on a reasonably accurate description and good-faith value estimate of property, liabilities, and income, a separate signed waiver, or adequate knowledge or a reasonable basis for it. | Open WV checklist → |
Wisconsin (WI) wi-2026-07-23.3 | 2 sources | Wis. Stat. § 766.58(6)(c)The resisting spouse may establish nonenforcement by proving both lack of fair and reasonable disclosure under the circumstances and lack of notice of the other spouse's property or financial obligations before execution. | Open WI checklist → |
Wyoming (WY) wy-2026-07-23.3 | 1 source | | Open WY checklist → |