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.
How New York's Prenup Laws Rank: 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 now 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, 219 A.D.3d 1513 (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."
Tamburello v. Tamburello, 165 A.D.3d 723 (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)
1. 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.
2. 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 — around $500–$1,000 per side. If your prenup includes a spousal support waiver, expect additional cost for the income disclosures and statutory maintenance calculations now required by J.M. v. G.V. (2025).
3. 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.
4. What makes a prenup invalid in New York?
The most common grounds: missing or defective notarization (a fatal, potentially incurable defect — see FAQ #11), 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 — see FAQ #12) or destitute due to unforeseeable circumstances like severe illness (McEvoy). New York does not allow written waivers of financial disclosure — full disclosure is always required. Leave child custody and support out entirely (see FAQ #15).
5. 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.
6. What happens if you divorce without a prenup in New York?
New York is an equitable distribution state under DRL § 236(B) — courts divide marital property based on what a judge considers "fair" using 13+ statutory factors, not a guaranteed 50/50 split. Without a prenup, everything acquired during the marriage is presumptively marital property subject to judicial division, regardless of whose name is on the title. Separate property (assets owned before marriage, gifts, inheritances) generally stays with the owner, but appreciation during the marriage can become marital property. Spousal maintenance is calculated using the statutory formula. The entire process is slower, more expensive, and less predictable than having a prenup that defines the terms in advance.
7. 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.
8. Can you waive alimony in a New York prenup?
Yes, but the requirements tightened significantly in 2025. Following J.M. v. G.V. (2025 NY Slip Op 25004), a valid spousal support waiver must include: (1) actual income figures for both parties at signing, (2) the calculated statutory maintenance amount being waived under DRL § 236(B)(6), and (3) a stated rationale for deviating from that amount. Without these, a court will sever the maintenance waiver. Even a properly executed waiver can be overridden at divorce if enforcing it would leave a spouse dependent on government assistance (the "public charge" rule — see FAQ #12). Our template includes these calculations and a severability clause so the rest of the agreement survives if a court strikes the maintenance provision.
9. Does a prenup protect inheritance in New York?
Inheritance is already classified as separate property under New York law, but a prenup adds critical protection against commingling. Without a prenup, inherited assets can lose their separate-property status if you deposit inherited funds into a joint account, use them to buy jointly-titled property, or allow your spouse to contribute to managing inherited assets. A prenup can explicitly designate all inherited property — and any appreciation on it — as separate property regardless of how it's held or managed during the marriage. If you expect a significant inheritance, this is one of the strongest reasons to get a prenup.
10. Can a prenup protect my business in New York?
Yes, and for business owners it may be the most important reason to get one. Without a prenup, the increase in value of a business during the marriage is generally marital property subject to equitable distribution — even if the business was started before the marriage and titled solely in one spouse's name. A prenup can designate the business and all appreciation as separate property, define how business income is treated, and prevent the non-owner spouse from claiming a share of goodwill, licenses, or professional degrees. This avoids the expensive business-valuation process that divorce courts otherwise require.
11. What notarization does a New York prenup require?
This is where many DIY and out-of-state prenups fail. New York requires that a prenup be "acknowledged in the manner required to entitle a deed to be recorded" under DRL § 236(B)(3). This is a specific legal formality stricter than standard notarization — a regular notary jurat ("sworn and subscribed before me") is not sufficient. The acknowledgment must confirm that the signer personally appeared and stated the document was signed voluntarily as their own free act. In Galetta v. Galetta, a New York court threw out an otherwise valid prenup solely because the acknowledgment language was defective — and the defect could not be cured after the fact. Both parties must be acknowledged separately. Get this wrong and nothing else in the agreement matters.
12. What is the "public charge" rule for New York prenups?
Under General Obligations Law § 5-311, no prenuptial agreement can relieve either spouse of the obligation to support the other to the extent that the unsupported spouse would become "incapable of self-support and therefore likely to become a public charge" (dependent on government assistance). This rule functions as a floor that no prenup can go below, regardless of what the parties agreed to. Courts apply this test at the time of divorce, not at signing — so changed circumstances matter. In Taha v. Elzemity (2018), the Second Department struck down a prenup where a $20,000 lump sum from a physician husband earning $300,000/year would have left his unemployed wife and three children at public-charge risk. In McEvoy v. McEvoy (2023), a prenup was set aside where a stay-at-home wife's debilitating stroke would have left her destitute while her husband retained $942,000 in assets.
13. Can a one-sided prenup be enforced in New York?
Yes — if it was properly executed. New York courts have repeatedly held that a prenup will not be overturned "merely because, in retrospect, some of its provisions were improvident or one-sided." In Gottlieb v. Gottlieb (2016), the First Department enforced a prenup heavily favoring the husband — a hedge fund manager — over his wife, who had independent counsel that advised her not to sign. The court held she "bargained for the benefits" and declined to undo the deal just because she later regretted it. The key factors: both parties had attorneys, full financial disclosure was made, there was no duress, and the wife signed voluntarily. A one-sided prenup fails when it's combined with lack of counsel, hidden assets, or last-minute pressure — it's the process defects, not the one-sidedness alone, that sink it.
14. What is the difference between a prenup and postnup in New York?
Both are governed by DRL § 236(B)(3) and must meet the same formal requirements (written, signed, acknowledged like a deed). The key difference: postnuptial agreements face stricter judicial scrutiny because spouses owe each other fiduciary duties that engaged couples do not. In Petracca v. Petracca (2012), the Second Department set aside a postnup signed four months after marriage where the wife waived rights to a $3.1 million residence and her husband's business interests — the court found overreaching and shifted the burden to the husband to disprove it. With a prenup, the challenger bears the full burden from the start. Bottom line: a prenup signed before the wedding is significantly easier to enforce than a postnup signed after.
15. Can a prenup address child support or custody in New York?
Do not include child support or custody provisions. While DRL § 236(B)(3) technically permits them, they are always subject to court modification under DRL § 240's "best interests of the child" standard — meaning a court will override whatever you agreed to. Worse, including unenforceable child-related provisions can invite broader judicial scrutiny of the entire agreement and signal overreach. Keep the prenup focused on property, maintenance, and financial terms where the parties' agreement actually controls the outcome.