What Is a New York Prenuptial Agreement?

A New York prenuptial agreement is a contract you sign before marriage. It lets you and your partner decide how to divide property. This way, a court does not have to get involved. It protects both parties’ assets, assigns who pays debts, and lays out other financial responsibilities before marriage.

Although New York state law already defines how to divide marital property upon divorce or the death of a spouse, state law may not align with your personal wishes. New York is an equitable distribution state, which means that courts divide property fairly based on factors such as the length of the marriage, each party’s income, and individual contributions to the household. As a result, marital property may not be divided 50/50 upon signing a divorce agreement.

The core statute governing marital agreements in New York is New York Domestic Relations Law (DRL) Section 236(B)(3).

Couples who are already legally married can draft a similar document using the Legal Templates New York postnuptial agreement template.

How to Write a Prenuptial Agreement in New York

Our step-by-step New York state prenuptial agreement template walks you through the process to ensure all necessary information is included:

Record demographic information: List each person’s legal name and address. Identify previous marriages or children from past relationships or children you have with your soon-to-be spouse.
Outline division of property: Explain how you will divide property if a divorce occurs. Include both the property you owned before the marriage and the property acquired during the union.
Address business ownership: Provide information on businesses owned by either party before or during the marriage and who would assume ownership following a divorce.
Disclose debts: New York law requires both spouses to disclose any debt they have prior to entering into the marriage, including student loans, mortgages, vehicle loans, and credit card debt. Address who will be responsible for paying those debts and how you will handle new debts.
Plan for tax decisions: Record whether you will file taxes jointly or separately.
Divide real estate holdings: Determine how any real estate, including the marital home, will be divided. You may also choose to note how to split household expenses and responsibilities during the marriage.
Set alimony: Decide if either spouse will receive alimony if the marriage ends. Both parties may also waive the right to alimony in the prenuptial agreement.
Include customized clauses: You may wish to add information regarding how to handle property in the case of one spouse’s disability or if certain property should be passed to a trust or adult children following death. You can also choose to include directives for resolving disputes, should they arise.
Sign the document: Both parties must sign the prenuptial agreement and have the acknowledgment of a notary public or other individual qualified by the state of New York to witness signatures on a legal document.

Alimony may be based on factors like whether one spouse stayed at home to care for children while the other worked, a significant difference in income between spouses, or the number of years the marriage lasted.

Sample New York Prenuptial Agreement

Below, you can view a sample of a New York prenuptial agreement. You can customize this template using our document editor and then download it in PDF or Word format.

New-York-Prenuptial-Agreement

Legal Requirements in New York

A prenuptial agreement in New York is subject to the state’s legal requirements.

Signing

Prenuptial agreements (prenups) are legally enforceable in New York courts as long as they are in writing and signed freely and willingly by both parties, according to NY Domestic Relations Law § 236. Additionally, NY Domestic Relations Law § 236(b)(3) requires that these agreements include a notarized acknowledgment.

Enforceability

Prenuptial agreement terms must be fair to both parties and signed without evidence of coercion or under duress to be legally valid in New York, as per NY Dom Rel L § 236. You can challenge an agreement if one party proves the other person committed fraud or they were under undue influence when signing the document.

Consider hiring separate legal counsel to look over the document before signing protects both spouses’ interests.

Financial Disclosure

Failing to disclose significant debts before marriage can invalidate a prenuptial agreement in New York, as per Cioffi-Petrakis v. Petrakis, 103 A.D.3d 766.

Excluded Terms

New York allows parties to include provisions in a prenuptial agreement regarding the custody and support of children who are already born at the time of execution; however, these provisions are not automatically binding on the court and may be modified if found to be contrary to the best interests of the child. Provisions concerning custody or support of future children are unenforceable, as per NY Dom Rel L § 240 and related case law.

Attorney Representation

New York doesn’t require you to hire an attorney to draft a prenuptial agreement, but it is recommended. If each party has an attorney, the court is more likely to uphold the agreement if it is later challenged.