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Prenuptial Agreement Lawyer in New York

60+ Years of Experience. Over 3,000 Divorce Cases. Prenups Written in Plain English.

At Eiges & Orgel at Ballon Stoll P.C., we approach prenuptial agreements differently than most firms. Before we draft anything, we take time to understand what you’re actually trying to accomplish, not just financially, but emotionally. A prenuptial agreement that ignores how two people feel about money and their future together tends to create more friction than it resolves.

Once we understand your goals, we memorialize your intentions in a legal document written in plain English: no legalese, no translation required. We’ve found that agreements drafted in straightforward language can lead to fewer disagreements and less emotional charge down the road. Marriage is both a personal union and an economic partnership under New York law, and an effective prenuptial agreement has to address both dimensions.

We offer in-office, phone, and virtual appointments at our offices in New York, Brooklyn, and Briarwood.

Ready to discuss a prenup? Our prenuptial agreement lawyers in New York City can walk you and your future spouse through your options. Call (347) 848-1850 or contact us online today.

What Does a Prenuptial Agreement Cover?

A prenuptial agreement, also called a premarital or antenuptial agreement, is a contract you and your spouse enter before marriage that governs what happens if the marriage ends. While every agreement is different, most prenups address the division of property (equitable distribution) and spousal support (maintenance or alimony). They’re especially valuable in high-net-worth marriages where contested litigation could be costly and disruptive.

Under New York’s equitable distribution system, marital property is divided based on fairness rather than an automatic 50/50 split. This means the outcome is largely up to a court’s discretion. A prenuptial agreement lets you and your spouse set your own terms instead. Clearly defining how assets and debts are classified before marriage can reduce the likelihood of a contested divorce later.

A prenup can also address what happens if one spouse predeceases the other, including a waiver of the right of election, the statutory right to claim a share of a deceased spouse’s estate regardless of what a will provides.

Topics commonly covered in a prenuptial agreement include:

Property division
Debt division
Spousal support
Business interests and professional licenses
Retirement accounts and inheritance rights

You may benefit from a prenuptial agreement whether you earn significantly more or significantly less than your future spouse. The agreement can protect both parties, not just the higher earner.

Can a Prenup Protect You From Your Spouse’s Debt?

Yes. This is one of the most overlooked reasons to get a prenup. Without one, divorce proceedings can leave both spouses exposed to liability for debts one party incurred, even premarital ones. A prenup can specify that each spouse remains responsible only for the debts they individually accumulate, including student loans, credit card balances, and business liabilities. It can also help prevent separate funds that were commingled in joint accounts from being swept into the marital estate by a court.

The Most Common Reasons Couples Get a Prenuptial Agreement

This isn’t your first marriage. If you’re remarrying, you may carry alimony or child support obligations from a prior marriage. A prenup can ring-fence those obligations so your new spouse isn’t exposed to them.
Your future spouse has significant debt. Without a prenup, your spouse’s accumulated debt could become a shared liability in divorce. A prenup can keep those obligations where they belong.
You have substantially more assets. A prenup can protect your financial assets from division in the event of divorce and ensure the financial terms of a potential split are defined on your terms, not a court’s.
You have substantially fewer assets. Prenups protect lower-earning spouses too. A well-drafted agreement can establish defined spousal support terms that provide financial protection if the marriage ends.

Benefits of a Prenup in New York

A prenuptial agreement isn’t just for high-net-worth individuals. It can benefit both spouses at any asset level by creating financial clarity before a problem arises. Key benefits include:

Asset protection: A prenup defines which assets are separate property before marriage, keeping them out of the marital estate in divorce. This is particularly useful for protecting inheritances, investments, and business interests.
Debt protection: A prenup can shield one spouse from the other’s debt obligations, helping liabilities stay with the person who incurred them.
Spousal support clarity: The agreement can establish whether alimony will be paid, and under what conditions, helping prevent disputes and align financial expectations from the start.
Protection for business owners: If you own a business, a prenup can help prevent a spouse from claiming ownership or control in divorce, protecting the business’s operations and value.
Estate planning alignment: A prenup can protect inheritance rights for children from a prior relationship and help your assets pass as intended, in coordination with your estate plan.
Reduced litigation costs: Pre-defining financial arrangements can limit the scope of contested issues in divorce, saving time and legal fees.
Customizable financial structure: Couples can use a prenup to set financial responsibilities during the marriage itself: how joint accounts are managed, how household expenses are divided, reducing misunderstandings before they start.
Control over equitable distribution: Rather than leaving property division to a court applying New York’s fairness standard, a prenup lets you and your spouse decide the terms yourselves.

Requirements of a Valid New York Prenuptial Agreement

To be enforceable under New York Domestic Relations Law §236(B)(3), a prenuptial agreement must be in writing, signed by both parties, and acknowledged in the manner required for a deed to be recorded, not just witnessed or notarized in the ordinary sense. The agreement must also be entered voluntarily, with full disclosure of each party’s assets at the time of signing, and its terms can’t be unconscionable. New York has not adopted the Uniform Prenuptial Agreement Act; its rules come from DRL statutes and decades of state court decisions.

Both parties should have the opportunity to retain independent legal counsel before signing. Sharing a single attorney creates an ethical conflict that courts scrutinize closely. It’s also worth noting that one party’s threat to call off the wedding unless the other signs is not considered duress under New York law. However, agreements presented as take-it-or-leave-it close to the wedding date have been found to constitute overreaching. Full and honest financial disclosure is essential; misleading or incomplete disclosure can expose the agreement to a fraud challenge.

When a prenup is executed incorrectly, it may be thrown out in divorce proceedings. That can be a potentially devastating outcome. Because our practice focuses exclusively on divorce and matrimonial law, we bring litigation experience to how these agreements are drafted, knowing how they may be scrutinized if challenged in court. Contact the experienced NYC divorce attorneys at Eiges & Orgel at Ballon Stoll P.C. to make sure it’s done correctly.

What Can Invalidate a Prenuptial Agreement?

Common factors that can render a prenup unenforceable include:

Fraudulent disclosure: Both parties must provide full, honest disclosure of their assets. If one spouse intentionally undervalues or conceals assets, the agreement may be voided.
Duress or incapacity: An agreement signed under coercion, or while one party lacked mental capacity, won’t be upheld. Courts also scrutinize agreements presented on an ultimatum close to the wedding date.
Improper execution: A prenup that’s missing required signatures, notarization, or the deed-acknowledgment formality New York requires is legally unenforceable, regardless of what it says. DIY prenup forms are frequently thrown out for this reason.
Unconscionable terms: Courts won’t uphold provisions so one-sided they would leave a spouse unable to support themselves or requiring public assistance. Depending on whether a severability clause is present, a single unconscionable provision can unravel the entire agreement.

Already Married? It’s Not Too Late.

New York recognizes both prenuptial agreements, signed before marriage, and postnuptial agreements, signed after. Both serve the same protective purpose. It’s never too late to put a marital agreement in place. Talk to a NYC prenup attorney at Eiges & Orgel at Ballon Stoll P.C. today to learn more about the difference between the two.

Can a Prenup Protect Future Assets?

Yes. A well-drafted premarital agreement can specify that income earned, businesses started, or assets acquired during the marriage remain one spouse’s separate property. Future debt obligations can also be addressed if explicitly set out in the agreement’s terms. Retirement and educational funds accumulated during the marriage may be protected as well through specific provisions.

At Eiges & Orgel at Ballon Stoll P.C., we understand that every couple’s situation is different, and we work with you to create an agreement tailored to your specific needs and goals.

Understanding Separate Property In Prenuptial Agreements: What You Need To Know

New York’s 2025 Alimony-Waiver Ruling and What It Means for Your Prenup

A 2025 New York Supreme Court decision, JM v. GV, before Justice Jeffrey S. Sunshine, added meaningful complexity to how spousal maintenance waivers must be drafted in prenuptial agreements. The ruling indicated that a valid waiver requires more than a general statement giving up alimony. It must reflect a knowing, concrete waiver supported by explicit calculations derived from New York’s maintenance formula and the parties’ actual incomes at the time of signing.

The decision also highlighted the importance of severability clauses. If a court finds a maintenance waiver defective, a severability clause can allow the rest of the prenup to survive intact. Without one, a single flawed provision risks unraveling the entire agreement. Prenups that may have been considered adequate before this ruling could now carry a vulnerable maintenance-waiver provision if they lack the required calculations and acknowledgment language.

These developments illustrate why generic or DIY prenup forms carry significant enforceability risk in New York. Because our practice is focused exclusively on divorce and matrimonial law, we follow evolving New York case law closely and build current drafting standards into every premarital agreement we prepare. Whether you’re marrying for the first time or remarrying with complex finances, working with a prenuptial agreement lawyer in New York City who stays current with these standards matters.

Contact us today at (347) 848-1850 to schedule a consultation with one of our experienced New York City prenup attorneys.

Why Clients Choose Our NYC Prenup Attorneys

A prenuptial agreement isn’t a cynical document. It’s a practical one. When both spouses understand exactly where they stand financially, there’s less room for resentment and uncertainty to take root. Done well, a prenup can strengthen a marriage by removing ambiguity before it becomes conflict.

With over 60 years of combined experience and more than 3,000 divorce cases handled, we’ve seen firsthand how prenuptial agreements hold up and how they fail when tested in court. That litigation experience directly informs how we draft. We write agreements that are tailored to your relationship, compliant with current New York standards, and built to protect you both if they’re ever challenged. All of our attorneys have been selected to Super Lawyers®, and Attorney Kenneth A. Eiges holds an AV Preeminent® rating from Martindale-Hubbell® (2026). We carry an A+ BBB rating, a 5/5 rating on Lawyers.com, and a 10.0 Superb Avvo rating for both Kenneth Eiges and Scott Orgel.

Ready to protect your financial future before you marry? Call Eiges & Orgel at Ballon Stoll P.C. today at (347) 848-1850 or contact us online to schedule your consultation. In-office, phone, and virtual appointments are available.

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