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What to include in a prenuptial agreement in New York

On Behalf of | Jul 7, 2021 | Blog

Premarital agreements are crucial in New York, especially with the United States’s divorce rate being what it is. A prenup doesn’t mean that you anticipate the end of your marriage; rather, it protects you during the marriage and if, unfortunately, your union happens to end. If you are entering a premarital agreement, here are some essential things you should consider.

Your premarital property

We all enter marriages with assets we worked hard for, inherited or were gifted. For instance, if you bought a house before you married, that property is yours and not marital property. Even if you live in the same house together, including your spouse as a co-owner isn’t a requirement.

The same also applies to your retirement accounts, like 401(k)s, savings accounts, etc. You can decide to make them personal property or agree on how you will divide it in the event of a divorce.


There are situations where couples come with various debts from their lives before marriage. To protect your financial stability, you can stipulate in the premarital agreements that you won’t be responsible for any debts that your spouse comes with. Not including this will usually cause the court to consider the debt a marital property.

Spousal support

It is common to find many marriages where one partner decides to be the homemaker. This means they may choose to stay home and ensure that the kids and everything else in the house is well cared for. One spouse can even decide to dial it down with their career to have more time at home while also supporting their spouse. Either way, in the event of separation, that spouse is entitled to financial support from their partner.

Children from other people

This mainly applies to couples with kids with other people other than their spouses–for instance, from their previous marriages. If you want your kids to be provided for in the event of your death or divorce, you should stipulate it in the premarital agreement.

It is a requirement by the court for couples to get different lawyers when working on their premarital agreement. You can be at peace working with an experienced attorney, knowing that they will do what they can to consider all the complex details and protect your financial well-being during and after divorce.