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February 19, 2025 by montanarolaw

Prenuptial Agreements in New York

Protect Yourself Before Saying “I Do”

Marriage is a beautiful milestone in life, but it’s also a legal contract that comes with significant financial and personal obligations. For many couples, discussing a prenuptial agreement might not seem romantic, but it’s one of the most practical ways to safeguard your future and ensure transparency. Whether you’re entering a marriage with substantial assets, a business, or simply want to establish clarity, a prenuptial agreement can help. Here’s what you need to know about prenups in New York.

What is a Prenuptial Agreement?

A prenuptial agreement (or “prenup”) is a legally binding contract created by two individuals before they get married. It outlines how assets, debts, and other financial matters will be handled during the marriage and in the event of divorce or death.

Why Consider a Prenup?

  • Protect your assets: Keep pre-marital property yours.
  • Safeguard your business: Prevent your business from being divided in a divorce.
  • Clarify debt responsibility: Avoid taking on your spouse’s debts.
  • Save time and money: Prevent legal battles with clear terms upfront.

What Can a Prenup Include?

A prenup can:

  • Define what marital vs. separate property is.
  • Protect family inheritances.
  • Outline spousal support terms

It cannot determine child custody or support—those are decided by the court.

Did You Know?

Without a prenup, New York’s equitable distribution laws decide how assets are divided, which might not align with your intentions.

Plan for a Secure Future

A prenuptial agreement isn’t about mistrust—it’s about transparency and protecting what matters most. At MontanaroLaw, we’ll craft a customized prenup to ensure your rights are protected.

Call us today at 516-203-1700.

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