The Clock Stops During the Marriage
If a dispute arises over a premarital agreement, timing matters. The law "tolls" (pauses) any statute of limitations for as long as the marriage lasts. This means being married does not eat into a spouse's deadline to bring a legal claim.
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 is simple. Forcing a spouse to sue over a premarital agreement while still married would create a heavy burden. The tolling rule removes that pressure. It preserves the right to challenge terms after the marriage ends.
Equitable Defenses Still Apply
Even though the statute of limitations is paused, equitable defenses still apply. Laches means an unreasonable delay that harms the other party. Estoppel means conduct that makes it unfair to assert a claim.
A party who waits too long after the marriage ends may still face challenges. The formal deadline may have been paused, but courts can still find the delay unfair.
Under the uniform premarital agreement act, this tolling rule works alongside community property rules. If the agreement is valid, the tolling rule simply preserves the ability to test that question at the right time.
For couples who signed a premarital agreement years ago, this timing rule matters when creating or updating an estate plan. Both parties should address any concerns early. An amendment or revocation is usually a better path than future litigation.