Overview
A postnuptial agreement is a contract between spouses, signed after the wedding, that sets out how assets and income will be treated if the marriage ends by divorce or death. Circumstances change after marriage, and a postnuptial agreement lets a couple put clear, deliberate terms in place for the life they have now.
Why Couples Sign Postnuptial Agreements
- A business has grown significantly, or one spouse is founding or acquiring a company.
- One spouse expects a substantial inheritance, gift, or liquidity event.
- The couple did not sign a prenuptial agreement and wants the same clarity now.
- An existing prenuptial agreement no longer reflects the couple’s finances or intentions.
- One or both spouses have children from a prior relationship and want to protect their inheritance.
- The couple wants to coordinate marital rights with a new estate plan, including waivers of the elective share.
Enforceability in New York
New York enforces postnuptial agreements that are in writing, signed by both spouses, and acknowledged in the manner required for a recorded deed. Courts look closely at whether each spouse made full financial disclosure, had independent legal counsel, and entered the agreement voluntarily on terms that were fair when signed. Careful drafting and process are what make an agreement hold up when it matters.
Coordinated with Your Estate Plan
A postnuptial agreement works best alongside your estate plan. We draft agreements that align with your trusts, wills, and beneficiary designations, so your marital arrangements and your wealth transfer goals support each other.
Our Approach
We represent one spouse in each agreement and work with the other spouse’s independent counsel. The process begins with a confidential consultation to understand your goals, followed by financial disclosure, negotiation, drafting, and a formal signing.