Most people have heard about a prenuptial agreement, but fewer people are aware that you can get the same type of agreement after tying the knot. Get all the facts on how to get a postnuptial agreement, what a postnuptial agreement covers, and why it’s a good idea to get one.
What’s a Postnuptial Agreement?
According to New York state law, 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 a notarized document) is valid and enforceable.
A postnuptial agreement covers the following topics:
Contract to make any kind of will or a waiver of the right to challenge the provisions of a will.
An agreement regarding the ownership and division of assets of both separate and marital property.
Provisions regarding the amount and duration of spousal maintenance.
Provision for the custody, care, education, and maintenance of any child of the marital parties.
New York is an equitable distribution state, but this doesn’t necessarily mean assets will be divided evenly in a divorce. The court takes many factors into consideration, including each spouse’s earning potential, debts, and which spouse has custody over any children of the marriage.
Executing a postnuptial agreement is one of the best ways for you to protect your rights in the event of a divorce. If you take the time to clearly define the equitable distribution of any wealth accumulated during the marriage, the chances of a contested divorce will be far less.
Seeking a Postnuptial Agreement? Hire Experienced Representation
If you’ve recently gotten married and you’re now seeking a postnuptial agreement, you’ll need skilled representation to ensure the validity of the agreement. Marital contracts such as these can be thrown out of court if they’re not executed properly, which is why it’s best to hire an experienced family law attorney in your state to make sure it’s handled properly.
If you want to execute a postnuptial agreement, contact Eiges & Orgel, PLLC at (347) 848-1850 for a consultation with our New York family law attorneys today!