New York Prenuptial Agreements

As much as we like to romanticize the union of two individuals as spouses, we must remember that it's essentially a legal contract. Once you're married, much of your property becomes commingled (or shared, in accordance with state law) and you are endowed with other rights and responsibilities. It is possible to approach marriage in a pragmatic way, however, through the use of prenuptial agreements. These legally binding contracts, recognized and enforced in New York courts, stipulate certain terms of the marriage, such as limits on alimony or the designation of certain property as "separate" and thus not subject to division in divorce.

New York is one of 24 states that has not adopted the Uniform Premarital Agreement Act , which provides more specific guidance. However, New York courts generally will enforce a premarital agreement that is:

• Fair;
• Entered into through free will;
• Entered into with full financial disclosure;
• Entered into using independent counsel; and
• Properly acknowledged (witnessed by a third party).

New York Prenuptial Agreements: The Basics

Although state laws affect everyone in the state, it sometimes requires a law degree to actually read and understand the statutes. While New York law is quite clear on the legality of prenuptial agreements, it doesn't provide much guidance. However, additional information about what such an agreement may address and potential challenges to its validity are listed in the chart below.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

• Official State Codes
• New York Consolidated Laws and Constitution

New York Prenuptial Agreements: Related Resources

• New York Annulment and Prohibited Marriage Laws
• How to Change Your Name in New York
• New York Divorce Laws
• New York Child Support Laws
• New York Child Custody Laws

Don't Enter Into a Prenup Without the Help of an Attorney

Prenuptial agreements are inherently awkward, since they're essentially contingency agreements just in case the marriage fails. But for some couples, prenups make really smart legal sense. Since marriage is a lifelong agreement, and making the wrong decision can have lifelong repercussions, be sure to contact an experienced New York family law attorney for expert advice.