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Who Should Get a Prenup in New York?

Who Should Get a Prenup in New York?

When you get married, you and your spouse hope it is a union that will stand the test of time. Unfortunately, life often does not work out that way, and people who thought they would spend their lives together must plan for what will happen after divorce.

The divorce process is typically fraught with intense emotions, which can make negotiations on key issues difficult, even with the help of an experienced divorce attorney or mediator. This is why many couples choose to create a prenuptial agreement before they get married. This ensures that important elements in a divorce agreement are cemented while both parties are on the best of terms. It can also lay out how the partnership will work during the marriage.

Why Should I Get a Prenup?

With the strategic decision to set some post-divorce terms prior to marriage, prenuptial agreements can benefit any couple. Still, they are especially helpful for:

  • Individuals who are significantly wealthier and/or have much less debt than their partner
  • Business owners
  • Persons who are remarrying
  • Couples in which one spouse plans to give up their employment to raise children

While prenups carried a stigma for past generations, that is no longer the case. Many spouses now recognize the benefit of making decisions before marriage for the protection of both parties. If your soon-to-be spouse refuses to help with the creation of a prenup or will not sign one despite its reasonable terms, you may want to carefully assess your situation. Their intentions may not be as pure as you would like to believe.

What Should Be Included in a Prenup?

It is first essential to understand what cannot be covered in a prenuptial agreement. In New York, a prenup may not include child custody or child support agreements, nor the waiving of an individual’s right to spousal support.

Relevant issues that can be addressed include:

  • The expected contribution of each spouse during the marriage
  • The division of marital property, including protection from being responsible for the other spouse’s debt
  • Estate planning provisions, including how a will should be carried out
  • Inheritance guidelines for children from a previous marriage.

Contact a Brooklyn, NY Family Law Attorney

A prenup is a binding legal agreement that should only be drafted by a skilled New York City prenuptial agreement lawyer. To learn how Goldberg Sager & Associates can help you plan for and protect your future, call our office today at 718-514-9516 for a free consultation.


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  • Brooklyn Office
    1628 Kings Highway at East 17th Street
    Brooklyn, New York 11229
    Phone: 718-645-6677