A choice-of-law clause in a multistate relationship

Questions for the document

What to ask before drawing a conclusion

• Which jurisdictions connect to each person, event, asset, and dispute?
• What does the governing-law clause actually cover?
• Are real property, children, benefits, or third parties involved?
• Has relocation or later performance changed the map?

Outside evidence

What the agreement cannot prove alone

• Domicile and residence chronology
• Signing, marriage, and performance locations
• Deeds, entity records, trusts, and account locations
• Governing-law, forum, severability, and amendment clauses

Alabama

• Ala. Code § 30-4-9 · Spouses may contract with each other, but their contracts remain subject to the rules governing persons in confidential relations.
• Goodwin v. Goodwin, 592 So. 2d 212 (Ala. 1991) · Goodwin construes section 43-8-72 and confirms that the scope of a surviving spouse's waiver depends on the agreement's language, including whether an all-rights clause reaches statutory benefits and pre-waiver testamentary benefits.

Alaska

• Alaska Stat. tit. 25, including § 25.24.160 · Title 25 supplies mandatory dissolution, property, support, custody, and child-related rules that operate alongside any premarital agreement.
• Alaska Stat. § 34.77.090(c)–(d) · A qualifying community property agreement may address property rights, management, disposition, estate planning, nonprobate transfers, governing law, and other lawful property matters, but may not adversely affect a child's right to support.

Arizona

• A.R.S. § 25-202(B) · An Arizona premarital agreement becomes effective on the parties' marriage.
• A.R.S. § 25-203(A) · Arizona lists property rights and management, disposition, spousal support, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.

Arkansas

• Ark. Code Ann. § 9-11-401; 1987 Ark. Acts 715, § 1 · A premarital agreement is a written agreement between prospective spouses made in contemplation of marriage; property includes broad present, future, income, and earnings interests.
• Ark. Code Ann. § 9-11-403(a); 1987 Ark. Acts 715, § 3(a) · Permitted subjects include property, disposition, support, estate planning, life insurance, governing law, and other lawful personal rights and obligations.

California

• Cal. Fam. Code § 1612(a) · The statute lists property, disposition, estate-planning, insurance, choice-of-law, and other lawful subjects.
• Cal. Fam. Code § 1613 · A premarital agreement becomes effective upon marriage.

Colorado

• C.R.S. § 14-2-302 · Colorado defines premarital and marital agreements, amendment, marital rights, property, records, and signatures, including electronic records and signatures.
• C.R.S. § 14-2-303 · The current part applies to agreements signed on or after July 1, 2014 and preserves rights under earlier agreements.

Connecticut

• Conn. Gen. Stat. § 46b-36d(a)–(b) · Connecticut lists property rights and management, disposition, spousal support, estate planning, insurance, retirement-plan rights, choice of law, and personal rights and obligations as agreement subjects, subject to public policy and criminal statutes.
• Conn. Gen. Stat. § 46b-36e · A Connecticut premarital agreement becomes effective upon marriage unless the agreement provides otherwise.

Delaware

• 13 Del. C. § 323(a) · Delaware lists property rights and management, disposition, spousal support or alimony, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.
• 13 Del. C. § 324 · A Delaware premarital agreement becomes effective upon marriage.

Florida

• Fla. Stat. § 61.079(4)(a) · Florida lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.

Georgia

• O.C.G.A. § 19-3-60 · Georgia defines an antenuptial agreement as a contract entered before marriage that determines the parties' property rights or future settlement issues, including year's support, spousal support, and equitable division; marriage is valuable consideration subject to existing just debts.
• O.C.G.A. § 19-3-62 · Georgia directs liberal construction of antenuptial agreements and provides that lack of form or technical expression does not invalidate an otherwise qualifying agreement.

Hawaii

• Haw. Rev. Stat. § 572D-1 · Hawaii defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• Haw. Rev. Stat. § 572D-3(a) · Permitted subjects include property rights and management, disposition, modification or elimination of spousal support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.

Idaho

• Idaho Code § 32-921 · Idaho defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• Idaho Code § 32-923(1) · Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law, and other personal rights and obligations not violating public policy or criminal law.

Illinois

• 750 ILCS 10/4(a) · Illinois lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.
• 750 ILCS 10/9 · An applicable limitations period is tolled during marriage while identified equitable defenses remain available.

Indiana

• Ind. Code § 31-11-3-1; P.L. 1-1997, § 3; 1995 Ind. Acts P.L. 189 · Indiana's chapter applies to premarital agreements executed on or after July 1, 1995; earlier agreements require historical-law analysis.
• Ind. Code §§ 31-11-3-2 to -3 · Indiana defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.

Iowa

• Iowa Code § 596.5(1) (2026) · Iowa permits provisions addressing property rights and management, disposition, estate-planning arrangements, life-insurance benefits, choice of law, and other matters not violating public policy or a criminal statute.
• Iowa Code § 596.6 (2026) · An Iowa premarital agreement becomes effective upon the parties' marriage.

Kansas

• K.S.A. § 23-2402 · Kansas defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• K.S.A. § 23-2404(a) · Kansas lists property rights and management, disposition, spousal support, estate planning, life-insurance death benefits, choice of law, and other lawful personal rights and obligations as permitted subjects.

Kentucky

• Ky. Rev. Stat. ch. 403 · Chapter 403 supplies current property, maintenance, child-support, custody, fee, and dissolution rules that operate alongside a premarital agreement.
• Ky. Rev. Stat. § 403.190(2)(d) · Kentucky excludes from marital property property excluded by a valid agreement, while Gentry permits parties to define rights in property otherwise governed by section 403.190.

Louisiana

• La. Civ. Code art. 2328 · A matrimonial agreement establishes a separation-of-property regime or modifies or terminates the legal regime, while unexcluded provisions of the legal regime remain effective.
• La. Civ. Code art. 2330 · Spouses may not alter the marital portion or established succession order and may not limit, as to third persons, specified powers that one spouse has under the legal regime over community obligations and property.

Maine

• 19-A M.R.S. § 602 (2025) · Maine defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• 19-A M.R.S. § 604(1) (2025) · Maine lists property rights and management, disposition, spousal support, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.

Maryland

• Md. Code, Fam. Law § 8-101 · Spouses may make valid and enforceable deeds, agreements, and settlements concerning alimony, support, property rights, or personal rights.
• Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005); Herget v. Herget, 319 Md. 466, 573 A.2d 798 (1990) · Antenuptial agreements are contracts interpreted under Maryland's objective law of contract interpretation, with attention to the executed language, consideration, and objective intent.

Massachusetts

• Mass. Gen. Laws ch. 209, § 26 · A clearly descriptive property schedule must be annexed, and the contract and schedule recorded before marriage or within ninety days afterward in the specified registry and where affected land lies.
• Osborne v. Osborne, 384 Mass. 591, 428 N.E.2d 810 (1981) · Massachusetts recognizes premarital settlement of divorce-related property and spousal-support consequences, subject to validity, conscionability, and nonwaivable limits.

Michigan

• MCL 557.28 · A contract relating to property made between persons in contemplation of marriage remains in full force after marriage.
• MCL 557.28 · A qualifying property contract made in contemplation of marriage remains effective after the contemplated marriage occurs.

Minnesota

• Minn. Stat. § 519.11, subd. 1(b) · A conforming agreement may address marital and nonmarital property at dissolution or separation, spousal maintenance, and specified estate rights.
• Minn. Stat. § 519.11, subd. 1b(c) · Execution at least seven days before marriage creates a presumption of enforceability and puts the burden on the challenger; a shorter interval removes the presumption and puts the burden on the proponent.

Mississippi

• Miss. Code tit. 93 · Title 93 supplies mandatory divorce, property, alimony, custody, and child-support powers that operate alongside any premarital agreement.
• Mabus v. Mabus, 890 So. 2d 806 (Miss. 2003); Sanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) · Mississippi enforces antenuptial agreements as contracts addressing property and spousal rights, subject to heightened fairness, disclosure, interpretation, and mandatory-law limits.

Missouri

• Miles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998) · Even an otherwise knowing agreement must not be unconscionable under Missouri's premarital-enforcement framework.
• Miles v. Werle, 977 S.W.2d 297 (Mo. Ct. App. 1998); Ferry v. Ferry, 586 S.W.2d 782 (Mo. Ct. App. 1979) · Prospective spouses must deal candidly and in good faith when allocating marital, support, and estate rights.

Montana

• Mont. Code Ann. § 40-2-603 · Montana defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• Mont. Code Ann. § 40-2-605(1) · Permitted subjects include property rights and management, disposition, modification or elimination of spousal support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.

Nebraska

• Neb. Rev. Stat. § 42-1002 · Nebraska defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• Neb. Rev. Stat. § 42-1004(1) · Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law, and other personal rights and obligations not violating public policy or criminal law.

Nevada

• NRS 123A.030 · Nevada defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• NRS 123A.050(1) · Permitted subjects include property rights and control, disposition, alimony or support, estate-planning arrangements, life-insurance benefits, choice of law, and other personal rights and obligations not violating public policy or criminal law.

New Hampshire

• In the Matter of Nizhnikov, 168 N.H. 525 (2016) · Nizhnikov places the burden on the party seeking invalidation to prove one of New Hampshire's recognized grounds.
• MacFarlane v. Rich, 132 N.H. 608 (1989); In the Matter of Nizhnikov, 168 N.H. 525 (2016) · Unconscionability is an independent New Hampshire ground for declining enforcement of a premarital agreement or affected term.

New Jersey

• N.J. Stat. § 37:2-32 · New Jersey defines a premarital or pre-civil-union agreement as one between prospective spouses or civil-union partners made in contemplation of and effective upon that relationship, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• N.J. Stat. § 37:2-34 · Permitted subjects include property rights and management, disposition, modification or elimination of support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.

New Mexico

• N.M. Stat. § 40-3A-2 · New Mexico defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• N.M. Stat. § 40-3A-4(A) · Permitted subjects include property rights and management, disposition, estate planning, life-insurance benefits, choice of law, and other matters not against public policy.

New York

• N.Y. Dom. Rel. Law § 236(B)(3)(1)–(2) · The statute identifies testamentary provisions and separate/marital property ownership, division, or distribution as agreement subjects.
• N.Y. Dom. Rel. Law § 236(B)(1)(c)–(d) · The statute defines marital and separate property and recognizes property designated separate by a section 236(B)(3) agreement.

North Carolina

• N.C. Gen. Stat. § 52B-2 · North Carolina defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• N.C. Gen. Stat. § 52B-4(a) · Permitted subjects include property rights and management, disposition, modification or elimination of spousal support, estate planning, life-insurance benefits, choice of law, and other lawful personal rights and obligations.

North Dakota

• N.D.C.C. § 14-03.2-01(2), (4)–(5) · North Dakota defines premarital and marital agreements by reference to rights or obligations involving support, property, liabilities, separation or death, and attorney fees and costs.
• N.D.C.C. § 14-03.2-02 · Chapter 14-03.2 applies to premarital and marital agreements signed after July 31, 2013, preserves earlier rights and liabilities, and excludes specified court-approved and dissolution-proceeding agreements.

Ohio

• Supreme Court of Ohio, Prenuptial Agreements Bench Card (reviewed Sept. 2024) · The current bench card organizes Gross, Fletcher, Zimmie, counsel, timing, burdens, and support unconscionability for Ohio courts.
• Gross v. Gross, 11 Ohio St. 3d 99 (1984) · Premarital terms must not promote or encourage divorce or allow a party to profit by divorce.

Oklahoma

• Okla. Stat. tit. 43, including §§ 1, 109, 112, 118–121, 204 · Title 43 supplies Oklahoma's current marriage, divorce, property, support, custody, and antenuptial-contract context.
• In re Burgess' Estate, 646 P.2d 623 (Okla. Civ. App. 1982); Griffin v. Griffin, 2004 OK CIV APP 58 · Fair provision may be evaluated against what the resisting party would receive by operation of law, including whether the contractual provision is grossly disproportionate.

Oregon

• ORS 108.700 · Oregon defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• ORS 108.710(1) · Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law for construction, and other personal rights and obligations not violating public policy or criminal law.

Pennsylvania

• 23 Pa.C.S. § 3105(a), (c) · Section 3105 supplies court enforcement remedies for agreements concerning matters within the Divorce Code and specifically addresses existing property rights, alimony, alimony pendente lite, counsel fees, and expenses.
• 2004 Pa. Laws 175, §§ 3, 5(2), 6; 23 Pa.C.S. § 3106 history · Act 175 added section 3106 on November 29, 2004, effective in 60 days, and made it applicable to premarital agreements executed on or after that effective date.

Rhode Island

• R.I. Gen. Laws § 15-17-1 · A premarital agreement is an agreement between prospective spouses made in contemplation of marriage and effective upon marriage; property includes broad present, future, legal, equitable, income, and earnings interests.
• R.I. Gen. Laws § 15-17-3(a) · Permitted subjects include property rights and management, disposition on specified events, spousal support, estate planning, life insurance, governing law, and other lawful personal rights and obligations.

South Carolina

• S.C. Code Ann. § 20-3-630(A)(4)–(B) · A qualifying written contract may exclude property from the marital estate, which the family court may not apportion.
• Hardee v. Hardee, 355 S.C. 382, 390–92, 585 S.E.2d 501, 505–06 (2003) · Hardee reviews procurement defects, unconscionability, and changed circumstances making enforcement unfair and unreasonable.

South Dakota

• S.D. Codified Laws § 25-2-16 · South Dakota defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• S.D. Codified Laws § 25-2-18(a) · South Dakota lists property rights and management, disposition, estate-planning arrangements, life-insurance benefits, choice of law, and other lawful personal rights and obligations as permitted subjects.

Tennessee

• Tenn. Code Ann. § 36-3-501 · Section 36-3-501 expressly covers agreements concerning property owned before marriage and qualifying contract remedies.
• Tenn. Code Ann. § 36-4-121(b) · Tennessee defines marital and separate property, including premarital property, income, appreciation, contributions, gifts, and exchanges.

Texas

• Tex. Fam. Code § 4.003(a) · Texas lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.
• Tex. Fam. Code § 4.004 · A premarital agreement becomes effective on marriage.

Utah

• Utah Code § 81-3-201 · Utah defines premarital agreement and broadly defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
• Utah Code § 81-3-203(1) · Utah lists property, disposition, spousal support, life-insurance death benefits, choice of law, and other lawful personal rights and obligations as permitted subjects.

Vermont

• Lacroix v. Rysz, 2025 VT 16, ¶¶ 12–13 · Fairness and unconscionability are distinct; property-division provisions must be substantively fair to each spouse.
• Lacroix v. Rysz, 2025 VT 16, ¶¶ 14–20 · A court must apply Vermont precedent rather than invalidate an agreement merely because it preserves separate-property treatment resembling the unmarried state.

Virginia

• Va. Code § 20-147 · Virginia's Premarital Agreement Act applies to premarital agreements executed on or after July 1, 1986.
• Va. Code § 20-149 · A Virginia premarital agreement becomes effective upon marriage.

Washington

• In re Marriage of Bernard, 165 Wn.2d 895, 204 P.3d 907 (2009); Matson · The first prong asks whether the agreement made fair and reasonable provision for the spouse resisting enforcement.
• Title 26 RCW · Title 26 supplies mandatory marriage, community-property, dissolution, support, and child rules.

West Virginia

• W. Va. Code § 48-1A-301(a) · Parties may address property rights and management, disposition at separation, dissolution or death, spousal support, estate planning, life-insurance benefits, choice of law, and lawful personal matters.
• W. Va. Code §§ 48-1A-101(a), 48-1A-401 · A premarital agreement is made in contemplation of marriage and becomes effective upon marriage.

Wisconsin

• Wis. Stat. § 766.58(3) · Subject to listed statutory limits, spouses may contract about property rights, management, disposition at dissolution or death, support, estate arrangements, nonprobate transfers, choice of law, and other lawful property matters.
• Wis. Stat. § 766.58(3)(c), (e)–(f), (3m) · An agreement may address death disposition and qualifying nonprobate transfers, but chapter 854 applies and dissolution revokes specified provisions.

Wyoming

• Morrison v. Hinson-Morrison, 2024 WY 96, ¶¶ 15–23 · Valid premarital agreements are contracts governed by ordinary construction rules; clear language controls and a court may not add an omitted commingling provision.
• Lund v. Lund, 849 P.2d 731, 739–41 (Wyo. 1993) · Wyoming recognizes antenuptial agreements as valid contracts that define and fix spouses' property rights, with marriage supplying consideration.