Broad Freedom With One Clear Boundary
Arizona gives couples a wide range of topics they can address in a premarital agreement. The statute lists eight specific categories, ranging from property rights and spousal support to life insurance beneficiaries and choice of law. It also includes a catch-all that allows parties to address any other matter not in violation of public policy or criminal law.
Parties to a premarital agreement may contract with respect to: 1. 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. 2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign or create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property.
A.R.S. § 25-203(A)(1)-(2)This means couples can specify exactly how their property will be managed during the marriage and what happens to it if the marriage ends, whether through dissolution or death.
Estate Planning Integration
One of the most overlooked aspects of premarital agreements is how they connect to estate planning. The statute specifically permits provisions about making a will, trust, or other arrangement to carry out the agreement. It also allows terms governing the ownership and disposition of life insurance death benefits.
For couples entering a second marriage, this is especially relevant. A premarital agreement can ensure that each spouse's children from a prior relationship are protected while still providing for the surviving spouse. It can coordinate with a living trust to create a clear, enforceable plan that covers both lifetime and after-death scenarios.
The one area that is off limits: the right of a child to support. No premarital agreement can reduce or eliminate a child's entitlement to financial support, regardless of what the parties agree to.
