New York Prenuptial Agreement Lawyer

Last updated on July 6, 2026

Couples who are newly engaged or have recently gotten married can have much to consider regarding their future. While it may not be the most romantic thing to do before tying the knot, many couples know that nearly half of marriages end in divorce in the United States and may want to get a plan in place if they decide to split. In these instances, couples may choose to get a prenup and use it as a safety net.

Even if couples are already married, they may want to put another type of marital agreement in place to secure their individual futures in case they divorce. This is especially true when one spouse is set to receive a large inheritance or is engaged in a family business.

Protecting your interests in New York’s Family Court and Supreme Court regarding marital agreements requires experienced legal counsel. At Fersch LLC, our attorneys have over 50 years of combined experience in these courts, offering experienced and knowledgeable legal counsel for forming, drafting and finalizing prenups and other marital agreements.

We’ve helped countless New Yorkers decide what they want to include in their prenuptial or postnuptial agreements and facilitate the negotiations with the other spouse’s legal counsel.

How To Know If A Prenup Is Right For You

Prenups can be a sound investment. However, every couple has a unique story and relationship dynamic. They may want to consider a prenup if one or both of them have:

• Substantial debts
• Children from a previous relationship
• Potential to receive an inheritance
• A business they want to protect

Aside from these reasons, more couples nowadays value their individual identities outside the relationship and want to protect their mental health and personal finances if things don’t go as planned.

How To Know If A Prenup Isn’t Right For You

While prenups can be beneficial in many instances, there are some cases where having one may be less critical. For example, couples may not find as much value in a prenup if:

• Neither has significant assets
• They don’t want to limit or eliminate paying spousal support

If you have more questions about whether or not you and your partner could benefit from a prenup, contact one of our lawyers today. We can address any additional questions or concerns you may have.

What Can Be Included In A New York Prenuptial Agreement?

New York follows an equitable distribution system when dividing property in a divorce, called New York Domestic Relations Law (DRL) § 236 Part B. This means a court does not automatically split assets evenly between spouses. Instead, it considers what is fair based on the unique facts of each marriage.

Because of this approach, clear New York prenuptial agreement terms can play an important role in helping couples define expectations and reduce the risk of future disputes. This is also why many people search for equitable distribution in New York when trying to understand how a prenup may affect future property division.

A prenuptial agreement can address a wide range of financial and practical matters, including:

• Property types: You can define how the separate vs. marital property in New York concerns apply to premarital accounts, real estate, investments, gifts or inheritance
• Business interests: You can set rules for ownership, valuation or future claims if you want to protect a business from divorce in New York
• Spousal support: You may include spousal maintenance in a prenup provision, such as limits or waivers, as long as they comply with legal standards
• Debt: You can decide how you and your spouse will handle responsibility for student loans, credit cards or other premarital debts
• Pets: You can include a pet custody agreement specifying who will keep a pet, such as a dog or cat, if the marriage ends, per DRL § 236 Part B(5)(d)(15) (The 2021 “Best Interests of the Pet” Amendment)
• Income: You can outline how you and your spouse will classify or divide income earned during the marriage

These provisions can give both partners greater clarity and peace of mind. They may also help reduce stress and uncertainty if the marriage ends. A well-drafted agreement can save time, lower legal costs and minimize the need for lengthy court proceedings.

However, New York law sets important prenup limitations in New York. A prenuptial agreement cannot fully determine child custody, parenting time or child support, has held in New York Domestic Relations Law (DRL) § 240. Courts treat child support as the child’s right, not something parents can waive or limit in advance. A prenup also cannot permanently decide where a child will live or how parents will share major decisions.

While parents may express their intentions, courts must evaluate the child’s best interests at the time of divorce or separation. Circumstances can change, including each parent’s living situation, the child’s needs and the family’s financial condition. For this reason, you should handle any child-related provisions in a prenuptial agreement carefully to avoid confusion or legal challenges later.

Other Types Of Marital Agreements

While prenups are for couples about to get married, those who wish to form a marital agreement after saying “I do” still have options. A postnuptial agreement, for example, is nearly identical to a prenup and can offer similar protection. Both documents are treated similarly by a court during a divorce proceeding and can face challenges to their validity that may put them under scrutiny. These post-marital agreements are generally enforceable in New York as long as they meet specific legal requirements.

If you and your spouse want to form a postnup, we can help you create one that meets your needs and complies with New York state law.

Child Support And Custody Considerations In Prenuptial Agreements

Any clause in a prenuptial agreement that attempts to waive or limit a parent’s legal obligation to provide for their child will not be enforceable in New York. The state sees child support as belonging to the child, not the parent. That means:

• A prenup may include financial planning language, such as specifying which assets are separate or how inheritance will be handled, but it cannot establish a fixed future child support payment that is independent of what the law or court would require.
• If a parent already has child support obligations from a previous relationship, the prenup may reference those obligations (for transparency) but cannot substitute for what the court will ultimately decide.

Thus, while a prenuptial agreement can clarify financial expectations, it cannot lock in a child support amount for future children that the court would disregard if it conflicts with the child’s rights or needs.

The same principle applies to child custody and visitation arrangements. A prenup cannot absolutely determine where the child will live, how much time each parent will have or how decision-making rights will be divided, because those are resolved based on the actual circumstances of the child at the time of divorce or separation. Specifically:

• Any language in the agreement about custody or parenting time is considered advisory at best. The court must assess whether custody terms serve the child’s best interests when the time comes.
• Because circumstances change, such as a child’s age, health and parents’ situation, New York law does not permit parents to contract away the court’s authority to decide custody.

So, while prospective parental agreement in a prenup may help show the parties’ intentions, it does not bind the court’s ultimate custody or visitation order.

Because child support and custody provisions in prenuptial agreements in New York face enforceability limits, it is vital to work with a family law attorney. An attorney can help ensure that your agreement:

• Properly addresses what is permissible, like property division and spousal support
• Avoids or properly frames what is not enforceable, such as child support or custody clauses
• Is drafted with full disclosure, fairness and formal validity under New York Domestic Relations Law § 236(B)(3)

Failing to do so may lead to entire portions of the prenup being invalidated or create confusion later when support or custody matters are litigated.

Fersch LLC Can Help Protect Your Future

The discussion of potential divorce is not a flowery or romantic conversation right after getting engaged or married. However, when couples have these difficult conversations early on and get a plan in place, they can foster a sense of trust and security that can strengthen their bond.

By completing our contact form or by calling us at 646-679-1456, schedule a consultation with one of our New York City family law attorneys. We look forward to assisting you.