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 affects inchoate elective-share interests in the other spouse's property. Although the parties could revoke the premarital agreement under Iowa Code section 596.7, their 2017 agreement substantively exchanged Elizabeth's one-third real-property interest for other benefits and was therefore an impermissible postmarital amendment under sections 596.7 and 597.2. The court reversed the order enforcing the agreement and remanded for proceedings on Eric's counterclaims concerning benefits Elizabeth received.