Postnuptial Agreements

Divorce Attorney in New York

If you are a married individual who has recently acquired significant net worth or other assets, then you may be concerned about losing them in the case of divorce. While not all marriages end in divorce, it is important to recognize that roughly 50% do, according to various statistics. In addition, the state of New York is an equitable distribution state which means that assets, debt, and other marital property will be divided equally among the divorcing spouses. In order to protect your assets in the case of divorce, you must enact an agreement between you and your spouse that protects these specific assets in the case of divorce.

Provisions of a Postnuptial Agreement

According to New York DRL §236B(3), an agreement (such as a postnuptial agreement) made by the marital parties during the marriage in writing, subscribed by the marital parties, and proven in the manner required (such as a notarized document) is valid and enforceable. This agreement may include any of the following provisions according to this same law:

  1. Contract to make any kind of testamentary provision (will) or a waiver of the right to challenge the provisions of a will
  2. An agreement regarding the ownership and division or distribution of both separate and marital property
  3. Provisions regarding the amount and duration of spousal maintenance, or other elements provided that the terms are fair and reasonable, and that they are not unconscionable at the time of final entry
  4. Provision for the custody, care, education, and maintenance of any child of the marital parties

It is also important to recognize that there are a number of compromises that can be made in preparing this postnuptial agreement. Your spouse may be offended by the request for an agreement for any number of reasons, and because of this, you may face opposition in receiving protection of your assets. A compromise could be made in order to encourage your spouse to sign the agreement. For example, in the case of divorce you could have protection of your assets in exchange for permanent support payments of a set amount.

Seeking the protection of a postnuptial agreement?

If you are seeking the provisions of a postnuptial agreement, then you need skilled representation on your side to assist in the preparation of the agreement, and to pursue the process of ensuring the validity of the agreement. At Eiges & Orgel, PLLC, we understand the fear that you may be experiencing if you have recently incurred significant assets, and you can count on us to work with you to pursue the protection that you need in your situation.

Our firm has been serving the residents of New York in various family law matters for a number of years, we have more than three decades of experience, and you can be sure that we will put this experience to work for you in the situation that you face. If you choose to work with us, then we will begin the process with an in-depth consultation regarding your desires and goals, and then we will work to develop a strategy to pursue the results that you desire. Contact our office today to discuss your situation and to begin the process of retaining the legal assistance that you need in your situation.