New York Prenuptial Agreement
New York prenuptial agreements are governed by New York Domestic Relations Law § 236(B)(3). Courts apply split review — property provisions are assessed at signing only, but spousal maintenance provisions face a second review at divorce. The alimony floor is public assistance eligibility ("public charge"), though courts have required more for wealthy couples. Two important execution requirements: financial disclosure cannot be waived, and as of 2025, maintenance waivers must include actual income figures and statutory maintenance calculations — omitting them voids the waiver.
Bottom line: New York earns a C grade. Dual review on maintenance, a strict 2025 disclosure requirement for support waivers, and active judicial scrutiny makes New York a moderate enforcement state. Execute with an attorney and include the statutory maintenance schedule. A prenup is still far better than none.
New York Prenup Enforceability Rating: C
New York Prenup Laws: Key Statutes Explained
New York Domestic Relations Law § 236(B)(3)
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability—Execution AND Enforcement
Courts review unconscionability at BOTH execution and enforcement. Property provisions are reviewed only at execution, but spousal maintenance provisions are also reviewed at enforcement (divorce), meaning courts can reject spousal support provisions if circumstances change during marriage. Unfortunately, this encourages divorce and litigation.
Spousal Support Public Assistance Minimum
Complete waivers are permitted BUT courts will invalidate any waiver that would make a spouse a "public charge" (dependent on government assistance). Higher spousal support may be required for wealthy couples. New in 2025: spousal support waivers must include actual incomes and calculated statutory maintenance amounts being waived, or the waiver is invalid.
Timing
No statutory deadline, but courts have invalidated prenups presented days or weeks before weddings. We recommend signing 60+ days prior to the wedding with 2-3 weeks review time to reduce challenge risk. Reach out to an attorney 4-6 months before with your PerfectPrenup draft.
Independent Counsel
HIGHLY recommended and required if spousal support modification. Lack of independent counsel dramatically increases scrutiny and raises enforceability risks.
Financial Disclosure
Full and honest disclosure of assets, debts and income. Include any assets worth $1,000+ so they aren’t split 50/50 as marital property later. For maintenance waivers, parties must now disclose actual incomes and include statutory maintenance calculations. Financial disclosure waivers are not allowed.
Moderate Burden to Challenge
Challenging party bears "high burden" of proof but valid defenses include “unconscionability” of spousal support at enforcement (divorce), fraud, duress, overreaching, or becoming a public charge. Threatening to cancel the wedding does NOT constitute duress.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
New York Prenuptial Agreement Court Cases
Courts enforce prenups with one-sided terms if properly executed with counsel. Spousal support modification is reviewed again at enforcement (divorce) and cannot be “unconscionable” or leave spouse on public assistance. A schedule is required showing how much spousal support would be paid under statute and what is being offered.
J.M. v. G.V., 2025 NY Slip Op 25004 (Sup. Ct. Kings Cty. 2025)
Maintenance waiver struck down for unrepresented husband (photographer, $27,000 net worth vs. pharmacist wife's $455,000) because prenup signed one week before wedding lacked actual income figures and statutory maintenance calculations required for "knowing waiver." Prenups in New York must know have a full schedule showing what spousal support would be under the statute, and what is being offered.
Taha v. Elzemity, 157 A.D.3d 744 (2d Dep't 2018)
Prenup invalidated as unconscionable at enforcement where physician husband earning $300,000/year limited maintenance to a $20,000 lump sum, leaving unemployed wife and primary caregiver of three children at risk of becoming a public charge.
McEvoy v. McEvoy, 223 A.D.3d 877 (2d Dep't 2023)
Prenup set aside where stay-at-home wife's debilitating stroke would leave her destitute under agreement while husband retained $942,000 in assets and $190,000/year income.
Cioffi-Petrakis v. Petrakis, 103 A.D.3d 766 (2d Dep't 2013)
Prenup signed four days before wedding invalidated for fraudulent inducement where husband promised to tear up agreement after having child but never intended to honor promise, leaving wife nothing after 12 years and three children.
Petracca v. Petracca, 101 A.D.3d 695 (2d Dep't 2012)
Postnup signed four months after marriage invalidated where homemaker wife waived all rights to $3.1 million residence (plus $3-5 million renovations) and husband's business interests due to overreaching and manifestly unfair terms.
Gottlieb v. Gottlieb, 138 A.D.3d 30 (1st Dep't 2016)
One-sided prenup enforced despite real estate agent wife having independent counsel who advised against signing because she "bargained for the benefits" and court refused to "undo the agreement merely because she may now, in retrospect, view her choices as having been improvidently made."
Postiglione v. Postiglione, 125 A.D.3d 625 (2d Dep't 2015)
Prenup with maintenance waiver upheld—no evidence of fraud, duress, or unconscionability, and agreement was fair on its face.
Tamburello v. Tamburello, 85 N.Y.S.3d 199 (2d Dep't 2018)
Prenup enforced where wife claimed immigration affidavit of support replaced prenup; court ruled affidavit was obligation to government, not contract between spouses.
5-Step Checklist: How to Sign & Execute a Prenup in New York
Step 1: Download and read the New York prenuptial agreement
Start with our free template. It is written for New York-specific statutes and case law under New York Domestic Relations Law § 236(B)(3). Read it in full — know what you are getting into legally with marriage. The 15+ pages is written thoroughly to include rebuttals to common legal challenges and fallback provisions. Pay close attention to the spousal support section — New York courts apply heightened scrutiny to maintenance waivers, and a 2025 ruling (J.M. v. G.V.) now requires specific income figures and statutory calculations for any maintenance waiver to be enforceable.
Step 2: Draft changes on your own
See a clause you don't like? Copy it into an AI like Claude, explain what you'd like to change or what you want the clause "to do." Save any changes as a separate alternate version — don't overwrite the original. Bring both versions to your attorney review. Note: AI is often gender-biased and crafts terms beyond what is legally required. Push back on its output.
Step 3: Find a lawyer in your state
Find a matrimonial or divorce attorney in your state. Avvo, Findlaw, and Justia are good. Look for someone with 10+ years experience. Call or email and ask them how much to review your draft prenup and help with signing. Send them your draft.
Step 4: Meet your lawyer 4–6 months before the wedding
Our recommendation: sign the prenup before proposing. That way, you both get the legal work out of the way, and you know this is the right person to marry. Already proposed? 4–6 months before the wedding should leave you enough time to give your spouse 1–2 weeks to review the final draft and have it signed 60+ days before the wedding. New York courts have invalidated prenups presented days before the wedding (Cioffi-Petrakis) and treat timing as a key factor in voluntariness challenges.
Step 5: Sign before a notary and store the agreement
New York requires both parties to sign and acknowledge the agreement before a notary in the manner required to record a deed (DRL § 236(B)(3)). No witnesses are required, but notarization is mandatory — a missing or defective acknowledgment is a fatal defect that can void the entire agreement. Both parties must appear before the notary and confirm they signed, and this acknowledgment must occur at or close in time to the signing (Anderson). Both attorneys can be present when the notary acknowledges signatures. Each party keeps a signed original, and so should each party's attorney. Store yours somewhere secure like a safety deposit box. Create a .pdf and save it via a backup drive and email.
New York Prenuptial Agreement: Frequently Asked Questions (2026)
What is a prenuptial agreement?
A legal contract signed before marriage that determines how assets, debts, and finances are handled if the marriage ends. We recommend assets and debts are kept separate, unless held jointly, where they are split 50/50. Alimony is modified to incentivize larger families and longer marriages, rather than divorce. A privacy clause allows the growth of an intimate, trusting relationship. A dispute resolution clause moves proceedings out of an expensive courtroom and into mediation or arbitration, lowering conflict to maintain a workable relationship in the event of divorce.
How much does a prenup cost in New York?
Attorney-drafted from scratch: $2,000–$4,000 per side in New York's high legal market. The smarter approach: start with our free New York template, draft any changes with an AI like Claude, then hire an attorney only to review and assist with signing. The bill should be around $500–$1,000 per side.
Are prenups enforceable in New York?
Yes, but New York earns a C rating. Property division provisions are reviewed for unconscionability only at signing. Spousal maintenance provisions face dual review — courts can revisit them at divorce — and the 2025 ruling in J.M. v. G.V. added a new requirement that maintenance waivers include actual income disclosures and statutory support calculations to be enforceable. A prenup is still far better than no prenup.
What makes a prenup invalid in New York?
The most common grounds: missing or defective notarization (a fatal, potentially incurable defect), fraud or fraudulent inducement (Cioffi-Petrakis), last-minute presentation under time pressure, and maintenance waivers that lack income disclosures and statutory calculations (J.M. v. G.V., 2025). Courts will also override maintenance waivers that would leave a spouse a public charge (Taha) or destitute due to unforeseeable circumstances like severe illness (McEvoy). Unlike most states, New York does not allow written waivers of financial disclosure — full disclosure is always required. Leave child custody and support out entirely.
Do I need a lawyer to get a prenup in New York?
Not by statute, but independent counsel is strongly recommended — especially for any spousal support provisions. Lack of counsel is a significant factor courts weigh in unconscionability challenges, and the 2025 J.M. v. G.V. ruling specifically noted the unrepresented husband as part of why the maintenance waiver failed. Both sides having separate attorneys is the clearest evidence of voluntariness and informed consent.
What should a New York prenuptial agreement include?
Our New York template is built around six core principles:
- Separate property — assets and debts stay with the party who acquired them, minimizing conflict
- Joint assets and debts — anything both parties sign for together is split 50/50
- Marital home — ownership is tracked as a percentage of contribution, so each party gets back what they put in
- Spousal support — structured to incentivize larger families and longer marriages, not divorce; includes income disclosures and statutory calculations as required by J.M. v. G.V. (2025)
- Full financial disclosure — all assets, debts, and income over $1,000, listed in the exhibits; disclosure waivers are not permitted under New York law
- Privacy clause — keeps financial and personal details private, supporting a trusting relationship
Leave out child custody and support entirely — New York courts will not enforce them and they can invalidate the rest of the agreement.
Does New York's property law make a prenup important?
Yes. New York is an equitable distribution state under DRL § 236(B) — courts divide marital property based on what they consider fair using multiple statutory factors, not a guaranteed 50/50 split. Without a prenup, everything acquired during the marriage is presumptively marital property subject to judicial division. A prenup lets both parties define in advance which assets stay separate and how jointly acquired property is handled.
How far in advance should I get a prenup in New York?
Sign 60+ days before the wedding. Give your spouse at least two weeks to review with their own attorney — New York courts treat last-minute presentation as strong evidence of duress or involuntary execution. Contact an attorney 4–6 months before the wedding. Best practice: sign before proposing — no time pressure, and you'll be confident in whom you are choosing to marry.
What is New York's 2025 maintenance waiver requirement?
Following J.M. v. G.V. (2025 NY Slip Op 25004), New York courts now require that any spousal maintenance waiver in a prenup include: (1) actual income figures for both parties, (2) the calculated statutory maintenance amount being waived, and (3) a stated rationale for deviating from the statutory amount. Without these, a court may sever the maintenance waiver — leaving the property provisions intact if a severability clause is present, but potentially voiding the entire agreement if it is not. Our template includes severability language and is structured to satisfy these requirements.