A prenuptial agreement (or “prenup”) isn’t just for the wealthy; it’s a practical way to protect your assets, clarify expectations, and prevent future disputes. In New York, a well-drafted prenup can save both spouses significant emotional and financial stress if the marriage ends.
Whether you’re getting married for the first time or entering a second marriage, here are five key things you should include in your New York prenuptial agreement.
What You Should Include in a NY Prenup Agreement
- Full Financial Disclosure
Before signing a prenup, both partners must fully disclose their income, assets, debts, and financial obligations. Transparency is essential for fairness and enforceability.
A prenup can be challenged in court if one spouse later claims they didn’t understand the other’s true financial picture. Disclosing everything upfront, including real estate, investments, retirement accounts, and business interests helps ensure your agreement holds up.
- Property Division
One of the main purposes of a prenup is to determine how property will be divided if the marriage ends. In New York, marital property is typically divided equitably, not necessarily equally.
With a prenup, you and your future spouse can decide in advance:
- Which assets will remain separate property (for example, a home purchased before marriage)
- Which will become marital property
- How property acquired during the marriage will be handled
By setting these terms ahead of time, you maintain control rather than leaving the decision to a judge.
- Spousal Support (Alimony) Terms
Your agreement can also outline whether either spouse will receive spousal support (alimony) in the event of divorce, and if so, how much and for how long.
Some couples agree to waive alimony entirely, while others include a formula or timeline. Be aware that New York courts will not enforce a spousal support waiver that is unconscionable or leaves one spouse destitute, so it’s important to draft these provisions carefully with legal guidance.
- Protection for Family Businesses and Inheritances
If you own a business, a prenup is essential to protect it from being divided or disrupted in the event of divorce.
You can specify that your business (and its future growth or profits) remains your separate property, preventing disputes later. The same goes for inheritances or gifts, both of which can be preserved as separate assets through clear language in the agreement.
- Estate Planning and Life Insurance Provisions
A strong prenup should also align with your estate plan. You can include provisions about inheritance rights, life insurance beneficiaries, or how certain assets will be distributed if one spouse passes away.
This ensures your financial and estate plans work together, protecting both your loved ones and your long-term interests.
Start Your Marriage With Peace of Mind
A prenuptial agreement isn’t about planning for divorce, it’s about building a marriage with honesty, clarity, and mutual respect. Having a well-drafted prenup helps couples start their new life with transparency and peace of mind.
Before signing any agreement, both parties should consult separate attorneys to ensure the document is fair, valid, and enforceable under New York law.
Talk to a New York Prenup Attorney
If you’re considering a prenuptial agreement or want to review one before signing, the experienced attorneys at Sabra Law Group can help you protect your assets and your future.
Call 646-472-7971 or contact us online to schedule a confidential consultation today.
