FOLLOW US :
212-300-5196

Long Island Postnuptial Lawyers

If you didn’t get a prenuptial agreement before you got married, it’s in your best interest to set up a postnuptial agreement with your spouse.

Postnuptial agreements are easy enough to understand, since they work exactly the same as prenuptial agreements, the only difference being whether you set up the agreement before or after your marriage. This means that your postnuptial agreement has the same rules and restrictions as a prenuptial agreement, and a court could also throw it out if it isn’t done properly.

That’s why it’s crucial for you to consult with a postnuptial attorney both when you initially set up the agreement with your spouse and should you ever get divorced and need to go to court.

Why do you need a postnuptial attorney to handle your agreement? There are several requirements for the agreement that your attorney can ensure you fulfill.

Equitable

One of the most common reasons courts throw out postnuptial agreements is because they’re not fair towards both parties. This is true whether the unfairness was intentional or unintentional. For example, a postnuptial agreement that promised all the couple’s property to one party likely wouldn’t stand.

It’s for this reason that both you and your spouse should have your own independent postnuptial attorneys representing you when you set up the agreement. This ensures that both of your interests are protected, and makes it far more likely that the agreement will be equitable. One attorney handling a postnuptial agreement can create a conflict of interest, and courts will look into the agreement more if there was only one attorney involved.

Considerations on Both Sides

Consideration is a legal term which means that each party must give something up when it receives something. This is another way to ensure that the agreement is fair. When dividing assets, this could mean that one party gives up their right to the house in exchange for a certain sum of money.

A postnuptial attorney can make sure that the agreement is valid in the sense that it’s not only one party giving things up.

Full Disclosure

Another common reason why courts throw out postnuptial agreements is that there wasn’t full disclosure at the time of the agreement. While setting up a postnuptial agreement, you and your spouse must list your current assets and any expected future assets, such as inheritances.

Intentionally failing to disclose an asset is fraud, but even if you simply forgot to disclose an asset, it can still result in the court deciding not to honor your postnuptial agreement. That’s why you need an experienced postnuptial attorney who has set up these agreements before and knows the most common types of assets that people forget. Your postnuptial attorney can go over everything with you, especially those tricky potential future assets, and make sure you don’t miss anything.

Voluntary

Like any legal contract, it’s considered invalid if one side was coerced into signing it. Both parties need to sign voluntarily. With postnuptial attorneys there, it’s much easier to prove that you and your spouse signed the agreement of your own free will. Your attorney and your spouse’s attorney can also ensure that the signing goes smoothly, because there are also requirements for the signature process. Failure to meet those requirements invalidates your postnuptial agreement.

Do You Need a Postnuptial Agreement?

Anyone who didn’t get a prenuptial agreement should act now and get a postnuptial agreement. It may not be foolproof, but it could end up protecting assets that you would have otherwise lost.

No one likes to think about a potential divorce while they’re married, but it can happen to anyone, especially considering the divorce rate tends to hover around 50 percent. Don’t put yourself at the mercy of a divorce court. A solid postnuptial agreement may make all the difference.

In your postnuptial agreement, you can specify what property belongs to you and what property belongs to your spouse so there isn’t any confusion or fighting over belongings. You also need to protect yourself from any potential financial issues during a divorce. If your spouse came into the marriage with debt, you don’t want to be liable for it should you two get divorced. And what about spousal support? Without a postnuptial agreement, you could end up paying a large portion of your income to an ex every month.

agreement route. You’ll want an attorney to help you during this process.

Some Reasons for Getting a Postnuptial

Same as with the writing of a prenuptial, in a postnuptial agreement, it is essential that both of the spouses be completely transparent about all their assets and debts. A postnuptial agreement can document the rights and responsibilities of the spouses during the marriage, as well as issues such as spousal maintenance and division of property if the couple should ever dissolve the marriage.

Changes in finances and roles sometimes occur.   Some scenarios that might warrant a postnuptial include:

  • One spouse may leave their career to stay home in the role of homemaker and raise the children.  That spouse would want to be certain that their financial interests are protected in case of divorce.
  • The spouses launch a business together and they need to put in writing the differences among marital and separate assets and business assets.
  • One spouse comes into a major inheritance. IN most such cases, the family court judge would award the inheritance to that spouse only in case of divorce. A desire to distribute the inheritance in a different manner 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 could be captured in a postnuptial.
  • The husband or wife racked up a whole lot of debt prior to the marriage, and the other spouse wants to make it clear that they will not be held responsible for those liabilities.
  • Some occurrence triggered a loss of trust in the relationship.  Infidelity, for example, is a common occurrence that causes people to want to enter a postnuptial agreement.  

Let Us Handle Your Postnuptial Agreement

Regardless of how long you’ve been married, it’s never too late to get a postnuptial agreement. Contact us and we can represent you during the entire process, drawing up a postnuptial agreement that’s fair for both parties and protects your property in the event of a divorce.


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!

FREE CONSULTATION

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

White Glove Service

Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us