Postnuptial Agreements (Postnups)

Under New York Law, a husband and wife may enter a postnuptial agreement during their marriage. A postnuptial is very similar to a prenuptial, except it is entered after marriage. If a postnuptial agreement is created correctly, it is valid and enforceable.

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What Do Postnuptials Protect?

A postnuptial agreement will include provisions concerning how property and assets will be divided in the event of a divorce or death of a spouse. Specifically, a postnuptial agreement will include provisions concerning:

  • to make a will
  • to challenge a will
  • the ownership of separate property
  • the ownership and division of marital property
  • the amount, if any, of spousal support (alimony)
  • as well as additional items

Courts will recognize a properly prepared postnuptial agreement. Instead of having the state or the court dictate how your assets or estate will be controlled or divided up, a postnuptial agreement places the control in the hands of the marital parties.

Why Obtain a Postnuptial Agreement?

New York Law determines how a judge can divide marital property in the event of divorce proceedings. A postnuptial agreement takes precedence, allowing the parties to control the outcome of property distributions. Postnuptial agreements safeguard the spouses’ finances and more.

There are a number of circumstances that prompt people to consider a postnuptial agreement. If you were considering a prenuptial agreement before your marriage, it is not too late to accomplish many of the same outcomes with a postnuptial.

How Do I Ensure My Postnup is Valid?

Several considerations typically govern the enforceability of any single agreement. The main ones include:

  • Having an attorney prepare the document in the first place
  • Full and fair disclosure of all assets
  • Proper execution of the agreement

What are the Requirements of a Postnuptial Agreement?

In New York, the postnuptial agreement must meet the following requirements:

  • It Must Be in Writing
  • Subscribed by the Marital Parties
  • Get Notarized

Get A Free Consultation With A New York Postnuptial Agreement Attorney.

We offer low flat fees to prepare your postnuptial agreement in New York. Starting at $995.

If you are looking for information related to prenuptial agreements instead, click here!