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DIVORCE AND & FAMILY LAW ATTORNEYS

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Superior Divorce & Family Law Attorneys

Welcome to the Spodek Law Group - a premier, and top rated, divorce law firm.





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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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If you didn’t get a prenuptial agreement before marriage and now you’d like to get a postnuptial agreement to protect your assets, Spodek Law Group can help.

We have experienced postnuptial attorneys who can set up a postnuptial agreement that fulfills all the legal requirements. This is essential, because agreements that don’t often are ruled invalid during divorce court. The last thing you want is to spend your time on a postnuptial agreement that ends up being useless in court.

Here’s everything you need to know about postnuptial agreements in New York, along with how we can give you the best representation as we arrange your agreement.

The Purpose of the Postnuptial Agreement

If you’re familiar with the prenuptial agreement, often referred to as the prenup, then the postnuptial agreement isn’t hard to understand, because it serves the same purpose. Both agreements are contracts between you and your spouse that stipulate what will happen if you divorce. This includes what property belongs to each of you and if there will be any spousal support.

Many couples make the mistake of not getting any prenuptial or postnuptial agreement, which leaves your divorce proceedings entirely in the hands of the court. You’re much better off getting a contract that ensures your assets will stay with you should you get divorced.

The sole difference between prenuptial and postnuptial agreements is when you get them, with a prenup being an agreement you and your spouse sign before the wedding, a postnup is an agreement you both sign after.

If you didn’t get a prenup and you’re now married, then you’ll need to go the postnuptial agreement route. You’ll want an attorney to help you during this process.

Some Reasons for Getting a Postnuptial

Just as in the drafting of a prenup, in a postnuptial agreement, both parties must be completely transparent about all their assets and debts. The agreement can cover the rights and responsibilities of the spouses during the marriage, as well as division of property and spousal maintenance issues if the couple ever gets divorced.  

Changes in financial circumstances, roles and relationships sometimes happen. Here are some scenarios that might prompt a couple to enter a postnuptial agreement.

  • One spouse may give up their career to stay home with the children.  That spouse may want to be certain their financial interests are protected in case of divorce.
  • A couple makes a choice to start a business together and they need to clarify the differences among business, marital and separate assets.
  • One of the spouses comes into a large inheritance. Customarily, a court would award the inheritance solely to that spouse in case of divorce. There might be a desire to distribute the inheritance differently than it would be distributed under New York law or to clarify which property is part of the inheritance so it is not intermingled with marital assets.
  • A spouse incurred significant debt prior to the marriage, and the other spouse wishes to clarify they are not responsible for it.
  • Some situation triggered a loss of trust in the relationship, for example, infidelity.

Legal Requirements of a Postnuptial Agreement

Your postnuptial agreement must meet all the requirements set by the state of New York, and requirements are stricter for these agreements than for other types of contracts.

First, here are the basic requirements. Your postnuptial agreement must be in writing, as the court won’t honor oral agreements. You and your spouse must sign the agreement of your own free will. Like any other contract, if there was any deception, coercion or threats involved when either you or your spouse signed, the court will throw it out. Having an attorney present helps ensure that both parties enter the agreement voluntarily.

Both spouses must sign the agreement, and if it isn’t signed correctly, that could invalidate it. A postnuptial attorney can ensure that you and your spouse sign your postnuptial agreement correctly.

Fairness and Full Disclosure

Now, let’s look at the more complex requirements – fairness and full disclosure.

Fairness sounds a bit vague, and it is, which gives the court plenty of latitude. What it means is that a postnuptial agreement can’t put one party at a significant advantage over the other, and it can’t be one party making all the concessions.

The legal concept of consideration is an important part of fairness. Consideration means that when you gain something in a contract, you also give something up. So, if something in your postnuptial agreement benefits you, you must also give something up that will benefit your spouse to make it even.

While divorce courts honor postnuptial agreements whenever possible, they won’t in agreements that are clearly one-sided. A postnuptial attorney can help with this. It’s recommended for both you and your spouse to have your own independent attorneys, that way you each have someone representing your interests.

Full disclosure means that you and your spouse must fully disclose your assets, both what you have now and what you expect to have in the future, for the agreement to be valid. If either of you doesn’t disclose something, whether through intentionally concealing it or an honest mistake, the court may not honor the agreement.

Covering Future Assets

How can you know what assets you’ll have in the future? This refers only to assets you could reasonably be expected to know about at the time you entered the postnuptial agreement. For example, if you know you will one day inherit your father’s home or a certain amount of money, you’ll need to disclose that. At Spodek Law Group, our postnuptial attorneys will go over your assets with you to make sure you get everything.

Preparing Your Postnuptial Agreement

If you didn’t get a prenup, then it’s in your best interest to set up a postnuptial agreement right away. Hopefully you never need it, but if you ever do, you’ll be glad you took the time.

Our skilled postnuptial attorneys can guide you every step of the way and make sure your agreement holds up in court. Contact Spodek Law Group and we’ll help you create a postnuptial agreement right away.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

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