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Postnuptial Agreements in New York

Helping You Protect Your Assets After Marriage

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:

  • Contract to make any kind of testamentary provision (will) or a waiver of the right to challenge the provisions of a will
  • An agreement regarding the ownership and division or distribution of both separate and marital property
  • 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
  • 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.

How an Attorney Can Help You With a Postnuptial Agreement

An attorney can provide invaluable assistance in creating a postnuptial agreement, ensuring that the document is legally sound and tailored to meet the specific needs of both spouses. Firstly, an attorney will explain the legal implications of the agreement, helping both parties understand their rights and obligations. This guidance is crucial for making informed decisions and avoiding future disputes.

The attorney will also ensure that the agreement complies with state laws and that it is enforceable in court. They will draft the document to include necessary provisions, such as:

  • Asset division
  • Debt allocation 
  • Spousal support

while also addressing unique concerns specific to the couple's situation. Additionally, an attorney can help identify and mitigate potential legal issues, such as duress, fraud, or unconscionability, which could render the agreement invalid.

Moreover, involving an attorney can facilitate open and fair negotiations between spouses, ensuring that both parties' interests are adequately represented. This professional assistance not only helps prevent future conflicts but also provides a clear framework for financial and personal matters, contributing to a more stable and transparent marital relationship.

How Are Postnuptial Agreements Beneficial?

Most couples hesitate to pursue postnuptial agreements because they fear that, by establishing a plan for the possibility of a separation, they will upset their significant other or damage their relationship. 

This is not true. In fact, establishing a postnuptial agreement in New York can strengthen your relationship with your spouse and build a sense of trust. At Eiges & Orgel, PLLC, we can help you create a plan to protect your finances in the event of a divorce, without hurting your relationship. 

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


Seeking the Protection of a Postnuptial Agreement?


Choosing a NYC divorce lawyer is an investment in your future. You need an attorney that knows and understands the intricacies of the law. The divorce attorneys of Eiges & Orgel, PLLC have the experience you need to protect your interests.

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.

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