Are postnuptial agreements enforceable in NY?

Asked over 1 year ago - New York, NY

I contacted a highly rated lawyer on Avvo about creating a post nuptial agreement, we've been married 2 years. I wanted it to touch on division of assets, debts (credit card and taxes), future earnings as well as alimony in case of divorce. I was told that this contract can be created if my wife agrees to it with her lawyer, but I'd have to sign a document stating that I understand that it won't necessarily be enforceable. Any thoughts?

Attorney answers (4)

  1. Daniel Yaniv

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . A post-nuptial is essentially the same as as any other marital or pre-marital agreement. It defines separate property and outlines the who-gets-what in the event of the dissolution of the marriage. As long as it is drafted properly and the terms of the agreement are not against public policy most terms will be enforceable. That said, you cannot waive child support or the like in a marital agreement and the document must conform to DRL requirements.

    Please note that this general response to your inquiry does not establish an attorney-client relationship.You... more
  2. Paul Karl Siepmann

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Although as a "rule" post nuptials are enforceable, there are some circumstances under which a Court might not enforce certain provisions. It sounds like the attorney you consulted with may be concerned about doing too good a job and is looking for a CYA letter in case any of the provisions end up unenforceable.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  3. Susan Kathleen Duke

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . Unless a term is found unconscionable, it should be enforceable. However, alimony terms in a postnuptial or prenuptial agreement are more likely to be disregarded if the spouse is in need of support at the time of divorce.

  4. Lawrence Allen Weinreich

    Contributor Level 17

    3

    Lawyers agree

    Answered . If done properly and fairly, postnuptual agreements are enforceable period.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,007 answers this week

2,817 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,007 answers this week

2,817 attorneys answering