What Is a Prenuptial Agreement—and Why It Matters in New York

A prenuptial agreement (commonly called a “prenup”) is a legal contract signed by two people before marriage. It outlines how assets, property, debts, and financial responsibilities will be handled in the event of divorce or separation. While often associated with wealthy couples, prenups are valuable for anyone who wants to clarify financial expectations and protect their future.

At NYC Prenup, we believe that planning ahead isn’t pessimistic—it’s practical.

What Does a Prenup Cover?

Prenuptial agreements typically address:

  • Ownership of assets (e.g., property, savings, investments)
  • Division of debts (e.g., student loans, credit cards)
  • Spousal support (how much, how long, and under what conditions)
  • Inheritance rights (especially for children from previous relationships)

These agreements help couples avoid future disputes and ensure both parties are protected—regardless of current financial status.

Prenuptial Agreements Under New York State Law

While the concept of a prenup is universal, New York law has specific requirements for enforceability. To be valid, a prenuptial agreement must:

  • Be in writing
  • Be signed before or during the marriage
  • Be acknowledged in the same manner as a deed (i.e., notarized)

New York law allows couples to include provisions on three key topics:

  1. Wills and Inheritance
    Partners can agree to leave assets to each other or waive the right to contest a will.
  2. Property Arrangements
    Couples can define how property—both premarital and marital—will be owned or divided.
  3. Spousal Support (Maintenance)
    Agreements can set terms for financial support, provided they’re fair when signed and remain reasonable when reviewed by a judge.

Who Should Consider a Prenup?

Prenups aren’t just for the ultra-wealthy. They’re especially useful for:

  • Individuals with children from previous relationships
  • Business owners or entrepreneurs
  • Anyone expecting an inheritance
  • Couples with significant income disparity
  • Partners entering marriage with property or savings

Final Thoughts

Life is unpredictable. A prenuptial agreement offers clarity, protection, and peace of mind—so you can focus on building your future together.

Want to learn more?
Visit our Prenuptial Agreement Law and Cases | New York | NYC Prenup page, or visit Prenuptial Agreement Cost | New York | NYC Prenup to schedule with NYC Prenup today. Have a question about your own prenuptial needs? Take a moment to email us at prenup@nycprenup.com  to inquire.