Are postnuptial agreements valid in NY?

You’ve likely heard of a prenuptial agreement in today’s society, but do you know what a postnuptial agreement is? Similar to a prenup, a postnup will divide the assets of each of the spouses and will determine who receives what in the event of death or divorce. The main difference is that a postnuptial agreement is done after the couple has already married. A postnuptial agreement puts your assets in the hands of you, rather than the property of New York State. When agreed upon by both parties, and is signed, a postnuptial is valid in the State of New York, just like a prenuptial agreement would be. If you have any questions regarding postnuptial agreements, know that a divorce lawyer in Suffolk County can help.

Which Issues Can a Postnuptial Agreement Resolve?

When meeting with a divorce lawyer in Suffolk County they will discuss the various types of assets that this agreement will address. These include: 

  • Separate Property: This includes both assets and property that each spouse brings into a marriage. A postnuptial agreement will identify which asset belongs to each spouse. 
    • For example – Claiming the money that is rightfully yours that you and your spouse have within your joint bank account. This will be helpful in the event of a divorce down the line. 
  • Marital Property: Just like a separate property, you can also determine among you and your spouse what is qualified as marital property. 
    • For example, marital property can include your home or other real estate ventures acquired. 
  • Establishing Maintenance:  A postnuptial agreement can establish what kind of support the other spouse will give (such as child support) in the event of a divorce.
  • Pre Marital Debt: If a debt is brought into the marriage from one spouse, this agreement will state that the debt remains with that spouse. This will allow the debt-free spouse to be free on any worry or concern at a later time. 

 

 

What Is Required for a Valid Postnuptial Agreement?

The requirements for a valid agreement include:

  • The document must exist in written form. 
  • No vocal agreement is valid in New York State courts. 
  • The document must be signed by both parties before a notary and have legal representation as an option. 
  • A full understanding and transparency with a clear financial disclosure. 

 

 

Contact a Divorce Lawyer in Suffolk County: 

Having a lawyer help you establish a postnuptial agreement ensures that there is no manipulation or intimidation between both parties within the marriage. If you and your spouse believe a postnuptial agreement is right for you, there is a professional team t Simonetti & Associates that can help! For a free consultation with a divorce lawyer in Suffolk County, contact us today!

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If you have any questions regarding postnuptial agreements, know that a divorce lawyer in Suffolk County can help. Contact Simonetti & Associates today!