Postnuptial Agreement Ny

Postnuptial Agreement NY: What You Need to Know

If you`re getting married or already married, you may have heard of a prenuptial agreement (prenup). A prenup is a legal agreement made between two people before they get married that outlines how their assets will be divided in the event of a divorce.

But what if you`re already married and didn`t sign a prenup? That`s where a postnuptial agreement comes in. In this article, we`ll discuss what a postnuptial agreement is and how it works in New York.

What is a Postnuptial Agreement?

A postnuptial agreement (postnup) is a legal document that a couple signs after they are already married. Like a prenup, a postnup outlines how their assets will be divided in the event of a divorce or separation.

A postnup can also address other issues, such as spousal support (alimony), child custody, and division of debts. It`s important to note that a postnuptial agreement cannot be used to determine child support, as child support is based on the needs of the child, not the desires of the parents.

Why Would You Need a Postnuptial Agreement?

There are many reasons why a couple would want to sign a postnuptial agreement. Some common reasons include:

– Changes in financial circumstances: If one spouse earns significantly more money than the other, a postnup can outline how their assets will be divided in the event of a divorce.

– Infidelity: If one spouse cheats on the other, a postnup can help protect the cheated spouse`s assets in the event of a divorce.

– Inheritance: If one spouse is expecting to inherit a large sum of money, a postnup can help ensure that those assets are protected in the event of a divorce.

– Business ownership: If one spouse owns a business, a postnup can help protect the business assets in the event of a divorce.

How to Create a Postnuptial Agreement in New York

To create a postnuptial agreement in New York, both spouses must hire their own attorneys. The attorneys will work together to draft the postnup, which must be signed by both spouses in front of a notary public.

It`s important to note that a postnuptial agreement must be fair and equitable for both spouses. If a judge determines that a postnup is unfair, it could be declared invalid.

Conclusion

A postnuptial agreement can be a useful tool for couples who want to protect their assets in the event of a divorce. If you`re considering a postnup, it`s important to speak with an experienced family law attorney who can guide you through the process and ensure that your agreement is fair and valid.

If you`re in New York and need help with a postnuptial agreement, contact a New York family law attorney today.