The Clock Stops During the Marriage
If a dispute arises over a premarital agreement, timing matters. Arizona law "tolls" (pauses) any applicable statute of limitations for as long as the marriage lasts. This means that being married does not eat into a spouse's deadline to bring a legal claim related to the agreement.
A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
A.R.S. § 25-205The logic behind this is straightforward. Requiring a spouse to sue over a premarital agreement while still married would create an unreasonable burden. The tolling provision removes that pressure and preserves the right to challenge terms after the marriage ends.
Equitable Defenses Still Apply
While the statute of limitations is paused, the statute makes clear that equitable defenses are still available. Laches (unreasonable delay that prejudices the other party) and estoppel (conduct that makes it unfair to assert a claim) can both be raised. So while the formal deadline is paused, a party who waits an unreasonably long time after the marriage ends to bring a claim may still face challenges.
For couples who signed a premarital agreement years ago and are now creating or updating an estate plan, understanding this timing rule can be important. If there are unresolved concerns about the agreement's terms, addressing them proactively through an amendment or revocation is generally a better path than relying on future litigation.