Last Updated on: 25th June 2025, 12:26 am

Prenuptial Agreements in New York: Essential Protection for Your Marriage and Assets

Marriage is considered by the law as a contract between two individuals. Unless marriage couples create an agreement that is legally binding and states otherwise, the law of the state where both parties will live governs property rights.

A premarital agreement also known as a prenup or prenuptial agreement allows couples to set terms of possession rights in the marriage. There are many reasons to consider hiring Bronx prenuptial lawyers. We shall be discussing the roles a prenup attorney plays.

Understanding Prenuptial Agreements and Their Purpose

A prenuptial agreement will spell out how assets will be distributed in case of death or divorce. Such agreements vary widely and may also include terms for assets forfeiture due to divorce on adultery grounds. Additional guardianship conditions can also be included.

For most couples, this kind of agreement is always a smart choice. It helps you protect the premarital assets, including planning for the unexpected as you start the marriage relationship. Bronx prenuptial lawyers draft and review the prenuptial agreements on your behalf.

Who Should Consider a Prenuptial Agreement

Most people who own businesses (among other valuable assets) as well as people who wish to get married for the second time and would like to preserve property for their kids often consider prenuptial agreements. The agreement needs to be substantially fair and must be executed appropriately and procedurally.

What a prenuptial lawyer can do

Lawyers are accomplished and experienced in creating outstanding premarital agreement arrangements that assist all parties in feeling comfortable before they can say their vows. Depending on the firm you choose, you can get free consultations.

The best lawyers understand that marriages differ and that they need to pay close attention to the specifics of each case. You should never go for a template approach when it comes to such delicate matters.

A lawyer offers an honest approach for assessing your financial situation and ensures that each marriage segment is covered in the agreement. When no stone goes unturned, then you can be sure that no detail is left to an arbitrator. The lawyer handles each potential claim, ensuring you’re wholly covered before you can say “I do.”

Things included in a prenuptial agreement

The consequences for forgoing a prenuptial agreement can be devastating when couples split. This is why you need work with an attorney who is seasoned in the divorce law too; a person who knows how a prenuptial agreement is composed to ensure that you are protected no matter what happens.

Note that the composition of such an agreement will vary depending on the case at hand. However, some standard components considered are:

• Assets such as property homes, stocks and retirement funds
• Disparate debt
• Kids from the previous marriage
• Business ownership and interests
• Disparate wealth
• Inheritance
• Elderly parents who need care
• Potential income increase based on intelligence or talent
• Degrees being pursued in lucrative professionals such as medicine.

Bronx prenuptial lawyers understand divorce codes and continue to learn more to make sure their credentials remain exemplary. This helps them get rid of the anxiety involved in the premarital agreement process as well as any resistance that may arise from another party.

They will work hard to offer a fair and honest approach that can protect your assets, including the other things you have worked so hard to get. It’s your right to hang onto your possessions and integrity in the event a divorce befalls your relationship.

The Contractual Nature of Marriage

Marriage is a contract. The decision of two individuals to become life partners springs from a great deal of love, respect, hope, and commitment. But in the end it is the law that defines the nature of marriage; it makes two separate estates into one, and gives each person claims on the other.

It is important that you understand this before actually taking out a marriage license and signing the contract that is a part of it, which you will have to do.

Understanding the Need for Prenuptial Agreements

You may be bursting with love and affection for your intended. But it does not follow that you should go into a legal binding institution blindly. You have assets to protect.

You have worked and labored and sacrificed a great deal to build up your fortune. Although you are willing to share it with the person you want to marry, it must be on your terms.

Many people are squeamish about asking their future partners to sign a prenuptial agreement, and their partners tend to have some reservations about signing one. In the eyes of many, a prenup suggests bad faith; it is a sign that the person asking for one is not fully committed to the relationship and can already see the dissolution of a marriage that has not even taken place.

Protecting Your Business Interests and Capital

This can be an especially troubling if you have amassed a considerable fortune and are now entering into your first marriage. Inexperience with balancing the two realities—your assets and a marriage you hope to sustain—may give your pause. It shouldn’t.

In many ways, a prenuptial agreement is not about you. It is about protecting your capital.

If you are someone who owes your money and resources to your ownership, management, and deep connections to a range of ventures and business interests, you must do all that you can to keep those things intact and under your control.

You may have done well for yourself over the years, but the fact remains that a lot of people depend on the same capital that has made you so well off.

You cannot expose all of your going concerns to the possible dangers of a failed marriage in which the other party is entitled to half of what you own.

The Reality of Marriage Failure Rates

It is a possibility you have no choice but to consider. Marriages fail all the time for a variety of reasons. You may believe that you know all there is to know about your life partner to be.

You may think you can trust them and put your faith in their willingness to always do the right thing. There may be sufficient grounds for believing all of this, but the fact is both people and circumstances change and you cannot always predict where that will lead.

New York State Property Division Laws

Without a prenuptial agreement the court decides how assets will be divided. In New York state the law holds that the assets be divided in half. This could prove disastrous for your fortune and your interests.

Drawing up a prenuptial agreement is the most effective way of protecting yourself against such a contingency. There are different arrangements you can make.

You formulate an agreement that keeps all of the assets you’re entering the marriage with from being infringed. Or you can agree to a set number of things that go to your partner if the two of you divorce.

If the latter happens, the judge will decide the terms of alimony and if the two you have children or enter the marriage with children of our own a separate custody hearing will have to be held to determine parenting arrangements. But ownership of some of the larger and more significant assets can be decided before the marriage.

Prenuptial Agreements for Average Income Earners

Thus far this article has focused on individuals of wealth. But prenuptial agreements are not only for rich people. If you are an ordinary person with an average income, you should also consider getting a prenuptial agreement.

It is unlikely that you or your partner will enter the marriage free of debt. In fact, you may be entering a relationship with someone who has considerable debt. Although you see no reason for believing that the person will not be able to pay it off, you put yourself at risk if you marry them without a prenup.

If things do not work out between you, creditors could hold you responsible for what they owe even after the divorce.

Protection from Debt and Family Assets

A prenuptial agreement can stipulate that neither party is responsible for the other’s debt if divorce ensues. This will ensure that the person cannot simply run off after the divorce and leave you saddled with the responsibility of paying off the debt.

Family property and heirlooms can also be secured with a prenuptial agreement. If you want to protect precious objects, furniture, jewelry and other items that you have inherited from being part of any future divorce settlement, you can do that with a prenup.

The same kind of agreement puts future monetary and real estate inheritances off limits. These may or may not be worth a lot of money, but the point is they were meant to stay in the family. You should protect that status by all means at your disposal.

Speaking with the lawyers at Spodek Law Group is the best way to find out what kind of prenuptial agreement is best for you. It will help you go into the marriage with some surety and protection.

Why Every Couple Needs a Prenup

One sticky subject that can come up before you get married is a prenuptial agreement, which is typically just called a prenup. Even though there likely isn’t a couple on the planet that wants to discuss a prenup, it’s still an important item that every couple should check off the list before they get married.

Here’s why you should make sure to get a prenup, all the details you need on how a prenup work and why it’s best to consult with our attorneys for your prenup.

The Insurance Analogy

There are many benefits to a prenup, but what they all boil down to is that a prenup allows you and your spouse to protect your individual assets and decide on what would happen in a divorce so that you won’t be at the mercy of a Bronx divorce court.

Going through a contested divorce can take all kinds of time and cost you quite a bit of money. If you and your spouse have sorted everything out in advance through a prenup, you can have a quick, uncontested divorce where there’s no arguing over who gets what.

Of course, you could be saying that you don’t need a prenup because you won’t get a divorce. This may be true, but look at it like this – just because someone purchases car insurance doesn’t mean they plan to go get into a car accident. They get it to protect themselves from the possibility of an accident, and considering how many marriages end, divorce is always a possibility for any couple.

You’re not assuming it will happen, you’re just covering your bases in case it does.

There’s really no drawback to getting a prenup. If you don’t need it, it won’t have any negative effect on your marriage. If you end up getting divorced, you’ll be glad you got it.

How Prenups Work

The simplest way to look at a prenup is that it’s a legal contract stipulating what happens should your marriage end. Because each couple has their own unique considerations, prenups can cover many different things.

The most common use of a prenup is for each spouse to protect their own assets. In a prenup, you and your partner can list what assets belong to each of you, ensuring that you each keep your own individual assets during a divorce.

Assets could be any property you have.

Prenup Coverage Area	Details
Spousal Support	Spousal support is another area you should cover in a prenup. If you don’t cover this in your prenup, then any spousal support will be determined according to state law.
Support Options	In a prenup, you and your spouse can choose if one of you will pay support, how much that will be and for how long it will need to be paid.
Support Waiver	Or, you two can each choose to waive spousal support. However, it’s important to note that spousal support could still be required even if you both waived if the result would be one spouse needing to go on welfare.
Child Arrangements	Although child support is typically determined by the state, you and your spouse can figure out what kind of sharing schedule you two will have should you get divorced.

It’s wise to think about this even if you two don’t have kids, because there’s always the possibility of having kids in the future.

Hiring a Lawyer to Handle Your Prenup

While lawyers aren’t necessary for a prenup, it’s better to hire our Spodek Law Group attorneys for yourself and have your spouse hire a lawyer for themselves. The main reason for this is so that those lawyers can each check out the proposed prenup and check that their client is getting a fair deal.

Since one lawyer can’t look out for the best interests of both you and your partner when it comes to a prenup, you each need your own lawyer. Remember that courts do have the latitude to throw out prenups that are too unbalanced, which means it’s good to have lawyers ensuring your prenup will be valid.

It’s also much simpler to have a lawyer draw up your prenup than to do it yourself. The attorneys at Spodek Law Group can set it up properly so that there aren’t any errors.

It’s not the most romantic conversation you’ll ever have, but a prenup is definitely worth your time. Take care of this well ahead of the wedding to protect yourself in case of a divorce.

Bronx Prenuptial Lawyers

A couple wants to get married, but one person has concerns about personal assets and property. In this case, the person needs to contact the bronx Prenuptial Lawyers about a prenuptial agreement.

A prenuptial agreement is a contract signed by future spouses before marrying. The following information gives some details about prenuptial agreements:

Reasons to have a Prenuptial Agreement

A 2013 survey by the American Academy of Matrimonial Lawyers (AAML) reports that 63 percent of divorce attorneys saw an increase in prenuptial agreements over 3 years. Also in this survey, 46 percent of women were the initiators of the prenuptial agreement.

The protection of the assets and property of both future spouses is important. Our attorneys can draft a legally binding prenuptial agreement for you. Here are some reasons to have a prenuptial agreement:

• Specifies which property is separate
• Indicates the amount of maintenance (alimony) a spouse will receive
• Identifies marital property
• Reduces conflicts during a divorce
• Assigns debt such as credit card balances to right spouse
• Provides details about special agreements between spouses

Reasons to Not Have a Prenuptial Agreement

Some future spouses are afraid to have a discussion about a prenuptial agreement. They are afraid that the words “prenuptial agreement” will end the relationship. This is a matter that should be open for discussion.

This is why both future spouses should seek the advice of our prenuptial lawyers. The legal professional will be able to provide valid answers to all questions. The future spouses will be able to determine if a prenuptial agreement is right for them.

Here are some reasons to not have a prenuptial agreement:

• Cancelling of marriage plans because of prenuptial agreement
• Inappropriate timing right before wedding
• Unfair provisions brought up in court
• State law may cover issues

Marrying Without a Prenuptial Agreement

The Centers for Disease Control and Prevention (CDC) report that there were 2, 140, 272 marriages in 2014. The CDC also indicates that 813,862 people received a divorce in the same year. Forty-nine states plus Washington D.C. reported this information.

Your state law will determine ownership of property during and after marriage. Both spouses will have a share of all property after a divorce.

A spouse can receive some or all the property if the other spouse dies. Your children may not receive any property. Also, both spouses are responsible for debt obtained during their marriage. You should contact a legal professional to determine if a prenuptial agreement is right for your situation.

Special Situations Justifying a Prenuptial Agreement

There are some special situations that justify a prenuptial agreement. Both spouses need to talk to our prenuptial lawyers at Spodek Law Group. The attorney will be able to answer questions and give sound legal advice.

Here is a list of special situations justifying a prenuptial agreement:

• Owns a large amount of real estate
• Owns a lot of assets other than real estate
• Earns a six figure or more yearly income
• Retirement benefits
• Stock options or profit sharing
• Owns an advanced degree
• Heir to a large estate
• Owns a business or part of a business

Things to Include in a Prenuptial Agreement

You and your future spouse agree that a prenuptial agreement is necessary for your situation. Here are some things to include in your prenuptial agreement:

• Estate planning to provide for other family members
• Separate business
• Separate retirement benefits
• Each partner responsible for own debt
• Separate savings account
• Joint bank account for paying bills and miscellaneous items
• Division of property and assets for a divorce
• Amount of maintenance (alimony) if necessary
• Distribution of property and assets after death

Things to Exclude from a Prenuptial Agreement

Every state has laws about drafting prenuptial agreements. Every prenuptial agreement must meet the requirements for the particular state. There are some things that state laws prohibit in a prenuptial agreement:

• Anything serving an illegal purpose
• Spouse waives right to maintenance (alimony)
• Divorces spouse for financial reason
• Making statements about personal matters
• Child support and child custody issues

Challenging a Prenuptial Agreement

A spouse may dispute whether a prenuptial agreement is enforceable. You may want our attorneys to examine your copy to see if it meets the requirements set forth by your state. A legal professional knows the laws about prenuptial agreements.

Here are some reasons you may want to challenge the content of a prenuptial agreement:

• The hiding of assets by either spouse
• Pressured to sign prenuptial agreement a few days before marriage
• Leaving either spouse with little or no assets
• Did not have separate attorneys examine the prenuptial agreement

You and your future spouse may want a prenuptial agreement to settle any future issues. Both future spouses should talk to prenuptial agreement attorneys for information. The Bronx Prenuptial Lawyers at Spodek Law Group can help you with all prenuptial agreement issues. You should write down any questions or concerns before your appointment.

The Evolution of Prenuptial Agreements

Prenuptial agreements used to be considered a sign of distrust in a partner. Today, they are considered a stable and financially wise choice for many couples, as most marriages are second and even third marriages.

Families are also more blended today and include step-children, adopted children, and children of relatives that are being cared for by others.

People are also waiting longer to be married which means both partners have more than likely accumulated wealth before marriage. Along with the wealth, they also bring debt. Student debt and credit card debt are the biggest personal debt couples have before marrying.

A prenuptial agreement can separate you from your spouse’s debt, which is fair, and so these agreements make sense for both parties.

What Is A Prenuptial Agreement?

A prenuptial agreement or a prenup, is a legally binding contractual agreement between two consenting parties to the agreement, before their marriage. If one party does not agree to all details and stipulations, they don’t sign it.

Some people refuse to be married without a prenuptial agreement and one party may feel pressured to sign the agreement when they don’t agree with it.

One would need to prove that they were coerced or forced to sign a prenup in a court of law, otherwise, the contents of the document are considered binding. There are certain things that most states do not allow in the prenuptial agreement such as Child Support or Child Custody and personal thoughts or ideas and other non-financial items.

Equitable Distribution in New York

In a divorce, most states are equitable distribution states. A couple’s assets will be split as fairly and evenly as possible by the court unless an agreement document before the divorce was drawn up or if a prenuptial agreement exists defining the terms in the event of divorce.

There can be exceptions to the equitable division rules. If a spouse is injured during the marriage and is rewarded a monetary judgment by the court, it is considered community property during the marriage, however, in the event of a divorce, the judgment is awarded solely to the spouse who was injured.

A spouse may also misappropriate marital property before or during the divorce.

Each prenuptial agreement will be as unique as the two parties who created and signed the document. A prenuptial lawyer from Spodek Law Group who specializes in Family Law is the person best able to explain any exceptions and legally binding rules, and any other aspect of a prenup agreement.

What Can I Expect From A Prenuptial Agreement?

The State of New York is an equitable distribution state and without a pre-existing agreement between the two parties, a judge will decide what is fair distribution. This will not always mean it will be a 50/50 division of property and assets.

A judge will look at many factors involving both parties in order to determine how best to divide the assets including things like:

• Length of Marriage
• Type of Property
• Number of Children
• Age of Each Spouse
• The Health of Both Parties
• Income of Both Parties
• Future Earning Ability

A spouse who has custody of children, for example, may receive property which will benefit the children such as the family home or car or being awarded particular insurance and other policies. In most cases, only the property and assets acquired during a marriage will be considered for equitable distribution.

Certain assets that may not be considered as marital property may be a property bought before a marriage or an inheritance bestowed upon a spouse before marriage.

Spousal Maintenance Considerations

Spousal maintenance is determined separately from property and asset distribution although similarly, spousal maintenance considers some of the same factors and takes into account the ability of one spouse to provide for their own living, whether it is temporary or permanent, their education, and if they have children who have a disability which requires constant care and the spouse is unable to work.

Do I Need A Prenuptial Lawyer?

If you have property and assets acquired before and after a marriage, it is always wise to consult a prenuptial lawyer at Spodek Law Group so that all aspects of financial concern can be included in your prenup.

Some of the other reasons to have a lawyer guide you through the prenuptial agreement process include:

• There are children from a previous marriage
• You own or are co-owner of a business
• This is a second marriage
• Your partner’s debt exceeds yours
• You earn more or less than your partner

There are restrictions and requirements involved specific to New York State Law that must be followed when drafting a prenuptial agreement. It is important to have legal counsel involved so that the language is correct, the parties understand the nature and consequence of what the agreement contains, and that the agreement is sufficient to be entered into a court of law in the unfortunate event of divorce.

Understanding Bronx Prenuptial Lawyers

Your best intent and hopes aside, your marriage might end in divorce. It can prove hard enough to think about dividing property and finances when the end looms. However, the fact that the law treats marriage as a business or financial relationship may call upon you to address these issues even before the marriage.

A prenuptial contract, which parties enter into with marriage and mind, is the vehicle to settle property and other financial issues before marriage. One of our Bronx prenuptial lawyers stand ready to guide you through deformation and any legal challenges you or the other party may have to it.

Why Do a Prenuptial Agreement?

Without any agreement, the court divides your property upon a separation or divorce. In a proceeding known as equitable distribution, the parties argue about, and the court determines, what is marital and separate property.

Then, based upon numerous considerations, a judge distributes the property. Often, property division judgments call for the sale of marital property. Further, legal proceedings may include claims for alimony or other post-separation support.

In a separation agreement, the parties resolve these disputes that a judge would otherwise address. However, separation agreements are negotiated and formed after divorce appears imminent. At that point, the spouses have already accumulated property, opened and shared bank accounts and added value to assets brought into the marriage.

With regard to alimony, the spouses might still argue over whether one was dependent upon the other or who was at fault in ending the marriage — two factors a court would weigh in ruling upon alimony.

The Benefits of Pre-Marriage Planning

A carefully prepared prenuptial agreement addresses property division, alimony and other topics — before the marriage even starts. Before you recite the vows, you and your prospective spouse disclose to one another what you own.

You then declare in the agreement what will remain separate and what will be deemed marital property if you later separate.

As such, having a prenuptial agreement may prove very important if you and your spouse will live in a home that you owned before the marriage. You’ll likely want the agreement to designate your home as your separate property.

A party can also remove any doubt that an expected inheritance or gift will not become marital property even if the property is received after the marriage. New York law deems inherited money in the sole name of a party to be that party’s separate property.

What Goes in a Prenuptial Agreement?

One of our Bronx prenuptial lawyers at Spodek Law Group can craft a prenuptial agreement to determine the many issues that may arise upon a divorce. In addition to treatment of the house and any inheritance you may receive, you can decide upon post-separation support.

Many agreements provide for waivers of the right to alimony or post-separation support. Alternatively, you can agree on an amount that will constitute alimony.

Individuals may also bring particular debts into the marriage. These are typically credit cards you and your spouse-to-be opened and had before you enter into marriage. Your premarital agreement can explain which of you will be responsible for these particular credit cards or other loans and call for debt to remain separate.

If you make the debt joint, you may commit yourself to share in the responsibility for the other spouses imprudent use of credit cards. Moreover, joint debts mean that your jointly-owned property, if you decide to have the marital residence in both names, can be taken by creditors to be sold in order to collect upon the joint debts.

Child Support and Custody Limitations

Child support and child custody matters normally don’t figure into prenuptial contracts. Obviously, whether you will have children and how many cannot be known until you are in the marriage.

Further, courts always retain the authority to safeguard the best interest in general welfare of the children. A prenuptial agreement can provide whether the other will assume responsibility for support of minor children born prior to the marriage, especially from other parents.

How is a Prenuptial Enforceable?

Prenuptials are a matter of contract law. Nevertheless, courts tend to examine the formation of these agreements with someone more scrutiny than your traditional commercial matters.

To that end, the parties to a prenuptial must fully disclose to the other their assets. When you engage one of our Bronx prenup lawyers, you’ll have the services of someone who can detect the concealment of assets.

We do not advise that you have one lawyer represent both parties. This conflict of interest can render a prenuptial contract unenforceable. You need to be sure you have independent legal advice and representation.

If the other party does not want his or her own lawyer, we will include language to the effect that the other party had the opportunity to obtain independent legal services.

Our Bronx prenup lawyers can also represent you if you’re trying to invalidate a prenuptial agreement. Duress, patently unfair provisions and defects in how they were formed, such as the failure of a third-party witness to the signatures, can invalidate a prenuptial agreement. Legal representation can also help you in litigation over the interpretation or enforcement of the agreement.