Prenuptial Agreements – FAQs

A prenuptial agreement is a legally binding contract signed by both spouses before marriage. It outlines how assets, debts, and other financial matters will be divided in the event of a divorce. A valid prenuptial agreement can address issues such as property division, spousal support, and protection of premarital or family-owned assets. In New York, prenuptial agreements must be fair, transparent, and entered into voluntarily to be enforceable.

For more information, please visit our blog post titled Understanding Prenuptial Agreements in New York

Prenups can address a variety of issues, including:

• Division of Property: Determining how marital and separate property will be divided.
• Spousal Support: Specifying whether one spouse will pay alimony and, if so, how much and for how long.
• Debt Allocation: Clarifying responsibility for debts incurred before or during the marriage.
• Inheritance Rights: Protecting assets for children from prior relationships or other heirs.
• Business Interests: Safeguarding ownership or control of a business.

For more information, please see our blog post titled Are Prenuptial Agreements Enforceable in New York State?

In New York, a prenuptial agreement cannot make binding decisions about child custody or child support. These issues are always decided by the court based on the child’s best interests at the time of separation or divorce.

A postnuptial agreement (sometimes called a “postnup”) is a legally binding contract between spouses that outlines how assets, debts, and other financial matters will be handled during the marriage or in the event of divorce. While similar in function to a prenuptial agreement, a postnup is executed after the wedding has already taken place.In New York, postnuptial agreements are governed by the same legal principles as prenuptial agreements and must meet specific requirements to be enforceable.

For more information, please see our blog post titled Postnuptial Agreements: Protecting Assets After Marriage

For more details, please visit our Prenuptial Agreements page or contact us today for a confidential consultation to discuss your case.

If you’re concerned about having the conversation with your partner, please see our blog post titled How to Discuss a Prenup with Your Partner Without Causing Conflict