Postnuptial Agreement Attorney in New York: Protect Your Assets

Safeguarding Your Financial Future After Marriage

If you are a married individual who has recently acquired significant net worth or other assets, you may worry about losing them in a possible divorce. While not all marriages end in divorce, about 50% do, according to various statistics. 

New York is an equitable distribution state. Assets, debt, and other marital property are divided equitably between divorcing spouses. To protect your assets if divorce occurs, you and your spouse can create an agreement that secures those specific assets. Consider how a postnuptial agreement can offer a structured financial framework and create greater transparency in your financial dealings during the marriage.

Learn more about the benefits of postnuptial agreements in New York City during your first consultation with an attorney from our law firm.

Understanding Postnuptial Agreement Enforceability in New York

New York courts apply clear standards when determining whether to enforce a postnuptial agreement. A judge will first check that both spouses entered into the agreement voluntarily and received full disclosure of all assets, debts, and income. If the court finds evidence of fraud, duress, or a lack of independent legal counsel for both parties, it may choose not to honor the agreement—or certain parts of it. For couples in New York City, even a minor ambiguity in contract language can draw close scrutiny from the court, especially when significant real estate or business interests are involved.

Judges also consider whether the agreement remains fair at the time it is enforced, not just at signing. An agreement that appeared reasonable when drafted may be rejected if a spouse’s situation has changed drastically or if enforcement would leave one party without resources. Spouses should update postnuptial agreements to reflect new realities, such as inheritance, business growth, or relocation out of New York. These updates reduce the risk of a judge setting aside the agreement.

Key Timing Considerations for New York Postnuptial Agreements

Timing plays a significant role in the validity and effectiveness of a postnuptial agreement in New York. Couples often pursue these contracts in response to a major life event, such as receiving a family inheritance, starting a business, or the birth of a child. However, waiting until after a serious conflict or after divorce proceedings begin may limit the court’s willingness to enforce the agreement. New York courts review the timing to ensure that neither party experienced undue pressure or was disadvantaged during negotiation—especially if one party controlled most of the finances or legal resources.

Couples should consider drafting a postnuptial agreement well before difficult issues arise. Open, timely discussions—supported by the guidance of a postnuptial agreement lawyer in New York—create a record of fairness and consent which stands up better in court. Each spouse should also take time to secure independent legal advice and fully understand the contract. When handled thoughtfully, a well-timed postnuptial agreement builds trust, clarifies boundaries, and reduces the risk of future disputes.

Adjusting an existing postnuptial agreement also requires careful timing. New York law allows updates if both parties agree, but changes should be made before either spouse contemplates separation or divorce, as courts may question last-minute modifications. By acting proactively and updating the contract at key milestones—rather than during heightened stress—couples show an ongoing commitment to a fair, enforceable agreement that serves both parties.

Risks of Not Having a Postnuptial Agreement in New York

Without a postnuptial agreement, New York’s equitable distribution laws will govern the division of marital property and debts during a divorce. While the law tries to achieve fairness, it may not match the intentions or unique financial arrangements that spouses built over time. Couples who have acquired real property, co-founded businesses, or received significant inheritances risk having these assets divided in a way that does not reflect their preferences.

Not having a postnuptial agreement also increases emotional and financial stress if disagreements arise later. Former spouses may not agree on value, ownership, or division terms for assets with personal or family significance. In New York City, where property values fluctuate and business partnerships can be complex, courts may face challenges accurately assessing value or dividing complicated holdings. Without a clear plan established by the spouses, decisions rest with the court—adding time and uncertainty to the process.

Key Provisions in Your Postnuptial Agreement

According to New York DRL §236B(3), an agreement like a postnuptial contract, made by the marital parties during marriage in writing, subscribed by each party, and proven as required, is valid and enforceable. Working with a postnuptial agreement attorney in New York ensures all necessary provisions appear in your agreement and that it meets legal standards.

Step-by-Step Guide for Creating Postnuptial Agreements

Creating a postnuptial agreement can feel overwhelming, but our attorneys at Eiges & Orgel, PLLC guide you through every step. Understanding the process can make a big difference in how smoothly your agreement comes together. 

Here’s a brief overview of what to expect:

1. Initial Consultation: We'll meet with you to discuss your specific needs, concerns, and goals for the agreement.
2. Information Gathering: Our team will collect all necessary financial information and other relevant details that shape the agreement.
3. Drafting the Agreement: We will draft a comprehensive postnuptial agreement that reflects your wishes and complies with New York law.
4. Review and Revisions: You will have the opportunity to review the draft and recommend any changes before finalizing the document.
5. Finalization: After both parties agree on the terms, we will finalize the agreement and ensure it is properly executed.

New York’s Equitable Distribution Laws

New York’s equitable distribution laws significantly impact how courts allocate assets and liabilities during a divorce. Unlike community property states with even splits, New York courts divide marital property in a manner considered fair, though not always equal. This can result in complex negotiations and challenging calculations as courts decide what counts as marital versus separate property.

The agreement should clearly distinguish between jointly held assets and assets one partner wishes to keep as separate. Family heirlooms, business interests, and retirement accounts often fall into gray areas, making legal guidance valuable. Defining these elements in your agreement can ensure fairness and support New York’s standards for division.

When you enter into a postnuptial agreement in New York, judges measure the outcome against the framework set by New York Domestic Relations Law. Factors like the length of the marriage, the income and property each spouse brought into the union, and both spouses' financial and non-financial contributions shape the court's determination of fairness. While separate property, such as assets owned before marriage or specific inheritances, typically remains outside the division, increases in value during the marriage may be considered marital property if both spouses contributed to their appreciation. Ownership of real estate or closely held businesses often brings unique considerations, as judges in New York City and surrounding counties may require more disclosures or appraisals. Couples benefit from clearly outlining major assets, debts, or income sources in the postnuptial agreement to prevent future disagreements if circumstances change.

Frequently Asked Questions About Postnuptial Agreements in New York

What Is the Difference Between a Prenuptial & a Postnuptial Agreement?

Prenuptial and postnuptial agreements both define the management of assets, debts, and financial plans between spouses. The key difference is timing: a prenuptial agreement is drafted and signed before marriage, while a postnuptial agreement is made after the marriage occurs. Both agreements can address asset division and spousal support, but a postnuptial agreement reflects changes that may emerge during the marriage.

How Are Assets Typically Divided in a Postnuptial Agreement?

In a postnuptial agreement, asset division adapts to the couple’s unique situation. The agreement explains how both marital and separate property will be handled if divorce arises. Typical issues include properties acquired during marriage, business interests, and major investments made with separate or community funds. The arrangement also considers future events and follows New York law to determine equitable distribution.

Can a Postnuptial Agreement Be Modified?

Yes, you can modify a postnuptial agreement if both parties agree to changes. Updates may become necessary as financial circumstances shift, new assets are added, or as needs develop. Couples should regularly review their agreement to keep it effective and current.

What Happens If a Postnuptial Agreement Is Challenged in Court?

If a postnuptial agreement is challenged in court, the court reviews its fairness and whether both parties signed voluntarily. The court looks for coercion, fraud, or misrepresentation, and checks that both spouses had the opportunity to receive independent legal advice. If the agreement was not properly executed or is found to be unconscionable, the court may set aside all or part of it.

What Common Issues Should Be Addressed in a New York Postnuptial Agreement?

Key issues in a New York postnuptial agreement include how assets and debts are divided, spousal maintenance terms, and the care and custody of children. The agreement should also address changes in financial status, business interests, and how future events like retirement or moving may affect its terms. Work with an attorney to ensure your agreement remains comprehensive and meets New York legal requirements.

Seeking the Guidance of a Postnuptial Agreement Lawyer in New York City?

If you are seeking provisions of a postnuptial agreement, you need a knowledgeable representative to help you prepare the agreement and confirm its validity. At Eiges & Orgel, PLLC, we understand any concerns you may have if you recently acquired significant assets, and you can rely on us as you pursue the protection you need. Our familiarity with New York law lets us tailor postnuptial agreements to your circumstances.

Our firm has served New York residents in a variety of family law cases for many years. With more than three decades of experience, we devote our resources to your case. When you choose to work with us, we begin with a focused consultation to understand your goals, then develop a plan that meets your preferences. We continually keep our process up to date so every agreement we draft follows current legal standards and best practices to help protect your interests.