Prenuptial Agreements in New York

If a prenuptial agreement ("prenup" for short) isn't on your wedding checklist, it might be worth adding. Prenups aren't just for the wealthy. Plenty of everyday, happily married couples have prenups. Far from being a plan for divorce, a prenup can actually help lay the foundation for a strong, stable marriage.

Prenuptial agreement laws vary from state to state. Here's an overview of what New York requires for a valid, enforceable prenuptial agreement.

What Is a Prenuptial Agreement?

A "prenuptial agreement" (also called an "antenuptial agreement") is a contract between two people who plan to marry that allows them to opt out of New York's "equitable distribution" rules and decide for themselves how their property and debt will be divided if the marriage ends by divorce. Prenuptial agreements can also cover issues like alimony (spousal support) and inheritance rights (more on that below).

To learn more about prenups generally, check out: Should You Get a Prenup? What It Is, How It Works, and What to Include.

Who Should Get a Prenuptial Agreement?

Prenups can be tailored to fit the needs of many different couples, not just high-net-worth couples. A single father planning to remarry might want a prenup to protect his child's inheritance rights, or a young doctor might use a prenup to make clear that her student loans will always remain her separate responsibility.

Other examples of people who might benefit from a prenup include:

• business owners who want to keep their business (and its future growth) separate
• anyone with substantial premarital assets or debts
• people who have been married before, and
• anyone who receives a substantial gift from their family (such as a down payment for a house) and wants to protect it.

Whatever the circumstances, a prenup allows couples to retain more control over their property by agreeing in advance about how assets and debts will be treated during the marriage and divided if the marriage ends by divorce, instead of relying entirely on New York's default laws. By setting clear expectations up front, a well-drafted prenuptial agreement can reduce conflict, protect both spouses' financial interests, and provide more predictability for the future.

What Can Prenuptial Agreements Cover in New York?

A prenuptial agreement typically deals with financial and property issues that a judge would have to decide if the couple ends up in divorce court. Most prenups cover some or all of these topics:

• which property will stay separate (owned by only one spouse)
• which property will be marital property (owned by both spouses)
• who pays which debts
• whether one person will pay alimony to the other person, and if so, how much and for how long
• how joint accounts will be managed
• who has the right to buy, sell, rent, or make decisions about property
• who inherits what when one spouse dies (along with wills and trusts), and
• ownership of real estate and businesses.

Can Prenuptial Agreements Resolve Child Custody and Child Support in New York?

A New York prenuptial agreement can't determine child custody or child support. Parents can include their wishes about these and other child-related issues in a prenup, but a judge isn't bound by them. Instead, judges must always make decisions based on what is in the "best interests of the child" at the time of separation or divorce.

Basic Rules to Make a Valid Prenup in New York

Unlike most states, New York hasn't adopted the Uniform Prenuptial Agreement Act (UPAA). Instead, New York's rules for making and enforcing prenups come from state statutes and decades of court decisions. The agreement doesn't have any effect until the couple is legally married.

To be valid in New York, a prenup must be:

• in writing
• signed by both partners, and
• acknowledged before a notary public (in the same way as a deed).

(N.Y. Dom. Rel. Law § 236 (2025).)

When a Court Might Not Enforce a Prenup in New York

In New York, courts treat properly signed and notarized prenups as valid. But a judge can refuse to enforce ("set aside") all or part of a prenup if a spouse can prove:

• one person was pressured or threatened, so they didn't sign the prenup voluntarily (called "duress" or "coercion")
• one person didn't understand the terms of the agreement because of a mental condition, language barrier, or legal capacity issue
• one person lied about or hid important information, so the agreement was made on false facts ("fraud")
• the prenup is extremely one-sided and unfair for one spouse ("unconscionable" or "manifestly unfair")
• the agreement includes terms a judge can't enforce (such as waiving child support or determining child custody), or
• the prenup doesn't comply with legal formalities (for example, not in writing, signed, notarized).

(Christian v. Christian, 42 N.Y.2d 63 (N.Y. 1977).)

Getting Legal Help

Prenuptial agreements can be a useful tool for couples who want to set clear financial expectations and avoid a potentially messy divorce down the road. If you're thinking about a prenup, or your partner has asked you to sign one, you might want to talk to a lawyer. Hiring a lawyer isn't strictly necessary for a prenup to be valid, but a lawyer can answer your questions, help protect your rights, and make sure the agreement matches your intentions.

To learn more, check out: New York Divorce and Family Law.