A New York postnuptial agreement is a legally binding document that enables married partners to determine the allocation of certain property rights in the event of a divorce or death. These agreements are advantageous as they supersede New York’s standard procedures for asset division during a divorce, allowing spouses to tailor arrangements to their unique circumstances.
Differing from prenuptial agreements, which are established prior to marriage, postnuptial agreements are executed by individuals who are already wed. As a result, these agreements undergo more rigorous examination to ensure their enforceability.
Legal Considerations
- Signing Requirements: Both spouses must sign the agreement (Hershkowitz v. Levy (2021)).
- Dividing Property: In New York, courts allocate marital assets fairly, considering each case’s specifics, without a requirement for an equal 50/50 division.
- Validity: When assessing the validity of a postnuptial agreement, courts may examine its terms to identify instances of excessive influence or unfair advantage (Petracca v. Petracca (2012)).
- Enforceability: A spousal agreement that appears equitable at first glance will be upheld as per its stipulations unless evidence emerges of unfair practices such as unconscionability, fraud, coercion, excessive influence, or other forms of dishonest behavior (McKenna v. McKenna (2014)).
Asset and Property Rights
Wife’s Separate Property
Married women own their property (real or personal) independently, maintaining sole control over any property acquired before or during marriage, including its profits, free from their husband’s control or debts. [1]
Rights and Powers of Married Women
Married women have full rights to own, manage, and dispose of property; make contracts; engage in business; and be liable for contracts as if unmarried. Damages awarded to them are their separate property, and they may be sued or sue as if single. [2]
Marriage and Divorce
Limitations on Marital Agreements
Spouses cannot contract to change or end their marriage in a way that would leave either unable to support themselves or likely to become a public charge unless the contract explicitly states it’s for dissolving the marriage or establishing grounds for divorce. [3]
Marital Agreements
Written agreements between spouses, made before or during marriage and properly acknowledged, are enforceable in matrimonial actions. These can cover testamentary provisions, property distribution, maintenance terms, and childcare arrangements, provided they are fair and not unconscionable at judgment time. [4]
