What Is a Prenuptial Agreement in New York?

A New York prenuptial agreement is a written contract signed by a couple before marriage that sets out how money, property, and debts will be handled if the marriage ends in divorce or death. Under New York Domestic Relations Law § 236(B)(3), a prenup must be in writing, signed by both parties, and acknowledged before a notary in the same manner as a deed. It can define what counts as separate versus marital property, address spousal maintenance, protect a business or inheritance, and provide financial protection and clarity for both partners. Child support and custody terms remain subject to court review. Each spouse should have full financial disclosure and independent counsel. This is general information, not legal advice; speak with a New York family law attorney about your situation.

What Is a Postnuptial Agreement?

A New York postnuptial agreement is a written contract signed by spouses after they are already married. Like a prenuptial agreement, it sets out how marital property, separate property, debts, and spousal support may be handled if the marriage ends in divorce or upon death. Couples often consider one after a major life change, such as starting a business, receiving an inheritance, a shift in income, or a decision to move forward after a difficult period in the marriage.

Under New York Domestic Relations Law § 236(B)(3), a postnuptial agreement must be in writing, signed by both spouses, and acknowledged in the same manner as a recorded deed, typically before a notary. Courts also look closely at whether the terms were fair when signed and whether each spouse made full financial disclosure, which is why each spouse having independent counsel matters. Because every marriage is different, a New York family law attorney can help you understand whether a postnuptial agreement offers the financial protection you are looking for. This information is educational only and is not legal advice.

Do I Need a Prenuptial or Postnuptial Agreement?

A New York prenuptial agreement or New York postnuptial agreement is not only for the wealthy. Many couples use these agreements for financial protection, clarity, and peace of mind. Consider whether any of the following apply to you.

You Own Assets or a Business

If you own a home, a business, investments, or retirement savings, or expect an inheritance, an agreement can help define what remains separate property and what becomes marital property under New York's equitable distribution rules in a divorce.

You Have Children or Prior Marriages

Blended families often use agreements to protect assets for children from a prior relationship. Note that in New York, child support and custody are always subject to court review and cannot be finally decided in advance.

Your Finances Have Changed

Already married? A postnuptial agreement can address a new business, an inheritance, a career change, or significant debt. To be valid in New York, it must be in writing, signed by both spouses, and acknowledged like a deed.

This page provides general educational information about New York family law and is not legal advice. Every situation is different. To understand your rights and options, please consult a New York family law attorney about your specific circumstances.

SCHEDULE A CONSULTATION

Talk to a New York Family Law Attorney About Your Prenup or Postnup

Every marriage and every financial picture is different. Whether you are planning a wedding or already married, a family law attorney can explain how New York law treats marital property and help you create an agreement that offers real financial protection. Share a few details and we will reach out to arrange a confidential consultation.

Guidance on New York prenuptial agreements
Guidance on New York postnuptial agreements
Review of an agreement drafted by your partner's attorney
Confidential, personalized advice for your situation

Submitting this form does not create an attorney-client relationship. Information on this page is general and educational, not legal advice.