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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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Not much different than a prenuptial agreement, the postnuptial agreement is a binding document in the eyes of New York laws. Designed to protect one or more parties in a marriage, postnuptial agreements have increased in popularity in the past few years. With couples looking to protect their assets in case of a divorce, separation, or death, it’s designed to allow clear parameters without question. The only difference is you sign a postnuptial agreement after the wedding rather than before.

New York law dictates how marital assets are divided in the event your marriage ends, but the courts are taking into consideration what it is being asked for in a postnuptial agreement when a couple provides one. It’s handy because both parties are able to come to an agreement as to the separation and division of assets, debts, businesses, and other property while on good terms, and it’s one way to save couples turmoil and anger when dividing assets post-separation.

Who Needs A Postnuptial Agreement?

It’s not for everyone. Just as many couples don’t sign prenuptial agreements, not all couples in New York will find they want to sign a postnuptial agreement. If one person has an inheritance to protect, if one owns a business with other people who want their business protected, and anyone else who wants control over the division of assets and debts can and should file a postnuptial agreement.

It’s recognized in the eyes of New York law only when it’s validity can be proven, which is why hiring an attorney to handle postnuptial agreements is imperative. It must be a valid document with the signatures of both parties, and the paperwork cannot be considered valid if one or both parties were dishonest regarding their personal assets when drawing up the document.

What Does A Postnuptial Agreement Protect?

One of the most beneficial reasons to sign a postnuptial agreement is to define separate properties. If you brought property of your own into the marriage, you might decide to protect it as well as your spouse’s personal property.

– Inheritance
– Homes/property owned prior to a marriage
– Cash
– Martial property
– Maintenance – specifically when one parent no longer works in favor of raising the kids
– Pre-marital debts
Child support
Child custody
Child visitation
– Alimony and other cash payments

The essence of a postnuptial agreement is not to foreshadow an impending divorce. It’s merely a document couples sign to protect themselves, their businesses, and even their kids in the event the worst happens. When this agreement is created during marriage, couples are more generous and fair. They’re more willing to make the correct and fair decisions, and it can help speed up the process of divorce if it ever comes to that.

Filing a postnuptial agreement is easy when you call an attorney who specializes in this kind of paperwork. An attorney knows what must be covered, what must be addressed, and how you can determine who gets what and when. It’s an easy way to help you figure out how to protect both parties and any current or future children you have. This legally binding document can save you a lot of future turmoil in a difficult situation.

The provisions for a postnuptial agreement is outlined in New York DRL 236B (3).
A postnuptial agreement is a written contract between a married couple. The agreement is the same as a prenuptial agreement made prior to the marriage ceremony taking place. A postnuptial contract outlines what will happen if a divorce occurs. It can also outline what will happen to property and assets after a spouse dies.

Why is a Postnuptial Agreement Important in New York?

Married couples consider a prenuptial agreement for many reasons. For instance, a spouse may have cheated. Instead of seeking a divorce, the couple may remain together, but create a postnuptial agreement. The agreement may have favorable terms for the spouse who was cheated on to show the cheating spouse is serious about wanting to remain married. However, a postnuptial agreement cannot be unfair or unequal. That would make it invalid.

Another reason for a postnuptial agreement is to protect property and assets. Sometimes one spouse may have property they want to keep separate like an inheritance or business. They may want the postnuptial agreement to keep property in their name.

What Issues are Resolved in a Postnuptial Agreement?

A postnuptial agreement addresses the same marital issues a prenuptial agreement addresses: property division, child custody and alimony. Property division discusses who receives what property. Martial property is property and assets acquired during the marriage. Separate property is assets and property a spouse had prior to marriage.

In a postnuptial agreement, each spouse can define what is considered separate and marital property. They can change the category of property too. This means a spouse can change their separate property to marital property in the agreement.

Child custody and alimony are common issues that are resolved in a postnuptial agreement. The agreement may outline who will receive alimony and for how long. Alimony is the payment one spouse makes to another during and after the divorce. It generally does not end until the spouse receiving the alimony remarries or dies.

Child custody involves who will care and financially provide for children born into the marriage. The spouses may determine each will receive joint child custody. A family court will look at the situation and the postnuptial agreement and make the final decision on what is best for the child.

If this is a second or third marriage, the postnuptial agreement can address any children born prior to the marriage. For instance, a spouse may determine if they are willing to pay financial support for their stepchild if there is a divorce. The spouses can also define which property will go to their children from a prior marriage.

A Postnuptial Agreement Must be Enforceable in New York

A New York divorce court only considers valid postnuptial agreements. A postnuptial agreement that is invalid is one where the following circumstances occurred:

• Spouses had the same attorney. It is prohibited for spouses to have the same attorney representing them in a postnuptial agreement.
• One spouse did not fully disclose all their assets and property. A postnuptial agreement requires full disclosure and honest about money, property and debts each spouse has.
• One spouse forces or coerces the other into the prenuptial agreement. It is against the law for one spouse to force their spouse to create, sign or agreement to a postnuptial agreement.
• One spouse receives more benefit from the postnuptial agreement. For example, one spouse receives everything in a divorce and the other receives nothing is an example of an unfair postnuptial agreement.

We are Your New York Postnuptial Attorneys

You need to create a postnuptial agreement with your spouse. Let’s work together to get you a fair and comprehensive agreement.

Based on 362 reviews.
Charle Butler
Charle Butler
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
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
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
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
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
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.
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
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!



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

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