New York Postnuptial Agreement Lawyer for High-Earning Professionals

A postnuptial agreement, often called a "postnup," is a legally binding contract created and signed by a couple anytime after their wedding. Much like a prenuptial agreement, its primary purpose is to outline how assets, debts, and income would be divided in the event of a divorce or legal separation. It can also address matters like spousal support (alimony).

These legal agreements for married couples are not an admission that a marriage is failing. Instead, they are a practical measure for financial planning and risk management. Life brings changes, a new business venture, a significant inheritance, a career change, or one spouse deciding to stay home to raise children. A postnup allows you to adapt your financial plan to these new realities, providing a clear path forward that protects both individuals.

Why would a married couple in New York consider a postnuptial agreement? The reasons are as unique as the couples themselves, but they often center on achieving financial clarity and security.

The core purpose of a postnup is to establish certainty. Without one, the division of your property upon divorce would be determined by New York’s equitable distribution laws, which can lead to a lengthy, expensive, and emotionally draining court process. A postnuptial agreement allows you and your spouse to make these decisions yourselves, on your own terms, and in a collaborative environment.

Key postnup benefits include:

• Asset Protection: Safeguard specific assets, such as a family business, inheritance, or investments acquired during the marriage. This ensures that personal or pre-marital property remains separate.
• Financial Transparency: The process of creating a postnup requires full financial disclosure from both spouses. This transparency can foster open communication and prevent future misunderstandings about finances.
• Clarity on Spousal Support: You can pre-determine the terms of spousal support, including the amount and duration, or even waive it entirely. This provides predictability and avoids potential disputes later.
• Protecting Children from a Previous Marriage: A postnup can ensure that assets are preserved for children from a prior relationship.
• Reducing Conflict: By agreeing on financial matters when you are on good terms, you can significantly reduce the potential for conflict and litigation should the marriage end. It provides a strategic resolution plan created in a state of peace, not distress.

• Step 1: Case Review Call (15 Minutes)
  We assess your goals, timeline, and legal needs.
• Step 2: Strategy Session
  We map out the financial and legal terms you want to protect.
• Step 3:  Retaining and Onboarding
  Begin your postnuptial journey. Submit your financials so we can start the drafting, revisions, and legal advice pertaining to your postnup. We find out what matters to your family. 
• Step 4: Drafting and Negotiation Support
  We draft a customized postnup and help you communicate terms with your partner’s legal counsel.
• Step 5: Final Review and Signing
  We ensure your postnup meets all New York legal requirements and is executed properly.