Elizabeth Roberts v. Eric Roberts, as trustee of the W. David Roberts Revocable Trust, Dave Roberts Growth &…

Summary

The court held that Iowa law does not permit spouses to amend a premarital agreement after marriage when the amendment concerns inchoate elective-share interests in property. Although the parties could revoke the agreement under Iowa Code section 596.7, their 2017 agreement was an amendment that left Elizabeth with less than the original agreement and was therefore invalid and unenforceable under sections 596.7 and 597.2. The court reversed the district court’s enforcement order and remanded for consideration of Eric’s counterclaims seeking return of benefits Elizabeth received.