Can a no fault divorce be contested on the basis of a pre nuptial not incorporated into the divorce papers? Can alimony be still

claimed despite of a pre-nuptial in case of a no fault divorce in NY?

East Meadow, NY -

Attorney Answers (4)

Louis Lawrence Sternberg

Louis Lawrence Sternberg

Divorce / Separation Lawyer - Huntington, NY
Answered

New York does not technically have "no fault" divorce. New York has "irretrievable breakdown" which is very similar to no fault but not exactly the same thing. If a proposed judgment of divorce does not account for a prenuptial agreement, the divorce can be contested. Alimony, or maintenance as it is now known, can still be sought despite the existence of a prenuptial agreement that prohibits such payments.

These are VERY simple answers to complex questions and the ultimate outcome of your case will depend on the facts of your particular situation. I would recommend that you contact a local matrimonial attorney.

It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We... more
Daniel Seth Williams

Daniel Seth Williams

Divorce / Separation Lawyer - Pacific Grove, CA
Answered

Most likely it can, doesn't mean it will.

Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more
Atousa Saei

Atousa Saei

Divorce / Separation Lawyer - Los Angeles, CA
Answered

I suppose it could. As my colleague stated, my answer does not suggest that it will.

Joshua T. Mathews

Joshua T. Mathews

Divorce / Separation Lawyer - Shawnee Mission, KS
Answered

Pre-nuptial agreements, (also called ante-nuptial agreements), are most often used when parties have significant assets. As a result, you'll find a great deal of litigation history and "case-law" on the subject.

Your question isn't entirely clear, but I'm guessing that the divorce is still pending, and the pre-nuptial was not mentioned in the petition? Either way, the listing of the pre-nuptial agreement really isn't the issue. The issue will be whether or not the agreement was valid and enforceable as executed. Case law in different states will discuss the timing of the request for an antenuptial agreement, the timing of the execution, the comparative sophistication levels of the parties, whether or not both parties had independent counsel, etc.

Meet with a qualified domestic attorney, and bring a copy of the agreement with you. Also, spend some time on google, looking at articles written about the enforceability of antenuptial agreements in New York.

Good luck

This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your... more

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