You’re strolling through SoHo, drinking a hot cortado, holding hands with your fiancé, and talking wedding plans. Life is good. You run into your friend who casually asks, “Are you two doing a prenup?” You and your fiancé stop and look at each other, eyes wide. It’s a question more and more couples in New York are asking themselves, not because they’re planning for failure, but because they’re planning for the future with intention. A prenup is a vehicle to make smart decisions that will protect what you’re building together: not just your finances but your family’s finances. Now that you’re thinking about prenups, you’re probably wondering…Okay, but what does a prenup actually cost in New York?
What is a prenup in New York?
A prenuptial agreement in New York is a legally binding contract signed by two people before marriage that spells out how they want to handle assets, debts, and even spousal maintenance (i.e., “alimony”) in the event of divorce or death. While many states follow the Uniform Premarital Agreement Act (UPAA), New York does not. Instead, enforceability in this state is guided by case law and Section 236(B)(3) of the Domestic Relations Law. These authorities state that prenups must be in writing, must be entered into voluntarily, and must include full financial disclosure by both parties. They also must be fair at the time of enforcement, not just when they’re signed. Additionally, prenups in New York should be notarized as a way for parties to acknowledge their agreement (NY Dom. Rel. Law § 236(B)(3)).
These contracts can cover a wide range of financial topics, including how to treat a premarital apartment, how to split future investment gains, whether someone will receive spousal support, or how to keep one partner’s student loans from becoming joint baggage. What a prenup can’t do in New York is override a court’s responsibility to decide matters of child custody or child support, since those are determined based on the best interests of the child at the time of the split.
How much does a prenup cost?
If you’re hoping for a one-size-fits-all number, sorry to disappoint! The cost of a prenuptial agreement in New York varies substantially based on certain factors, including the complexity of your financial situation, the length of negotiations required to come to an agreement, and the legal fees charged by the attorneys representing the parties.
On the more affordable end, some flat-fee services, especially those offered by boutique or virtual law firms, start around $1,000 for a straightforward agreement. This can be a good option for couples who are generally in agreement, have somewhat simple finances, and desire a clearly outlined, enforceable plan. Other firms offer tiered packages, with prices starting around $1,500 and climbing beyond $3,000 when the prenup involves more in-depth customization or multiple rounds of revisions.
Most traditional family law attorneys in New York charge somewhere between $3,500 and $5,000 for a prenup drafted to fit the parties’ specific needs and intentions.. Family law attorneys typically bill by the hour, and their rates in New York City can range from $300 to $600 and beyond, depending on experience and firm size. The more time your agreement requires, because of complex financials, detailed support clauses, or lengthy negotiations, the more you can expect to pay.
There are plenty of couples who spend well over $10,000 on a prenup, especially if there’s a business involved, out-of-state or international property, trusts, significant tax implications, or anything else that invites additional legal scrutiny. In general, the more unique assets or future income streams that need to be discussed and protected, the more valuable and legally precise the prenup needs to be.
Is there a cheaper way?
Yes, there are less expensive ways to receive a prenup, but you need to make sure the source is reputable! Highly respected prenup drafting platforms like HelloPrenup charge a fraction of the price local attorneys charge for an expertly-drafted prenup that abides by New York state laws. With HelloPrenup, you can receive an agreement for $599 if you and your fiance are in agreement regarding most topics. And if you want to add a New York attorney, you can do so for $699 per person.
How can HelloPrenup provide the value of a boutique family law firm without the big price tag? By outsourcing most of the groundwork to the parties before lawyers get involved. Discussing what you and your partner each want to protect, gathering financial documents yourselves, and talking openly about dealbreakers or preferences can amount to a significant decrease in legal fees. The less time your attorneys need to spend deciphering your intent, the lower your bill will be. Let the lawyers focus on the lawyering while you focus on your goals.
Why it’s worth the investment
In New York, even relatively amicable divorces can cost over $10,000 per person. Contested divorces, where the financial terms haven’t been pre-agreed, typically soar past $25,000 without factoring in the emotional toll or time lost. A well-crafted prenup can make the process faster, cheaper, and far less painful if the marriage runs its course, whether the split is amicable, explosive, or somewhere in the middle. A prenup also allows you to opt out of the default laws in New York, which are rooted in equitable distribution. Equitable distribution does not mean equal distribution – a common misconception among prenup seekers. The legal concept of equitable distribution gives the judge great discretion to divide marital assets in a way they believe to be fair. Judge’s can take into account a wide range of factors when determining what is “equitable” and therefore It’s highly unlikely that a judge’s definition of what is equitable will align with your belief about what is equitable.
The benefits of a prenup aren’t just financial; they can also have an emotional upside. Having important conversations before marriage can strengthen your relationship and your commitment to one another. Talking about money, values, and expectations for family life helps couples better understand one another, and exposes potential friction points before they become full blown issues. A prenup isn’t just legal insurance, it’s relationship clarity.
Interestingly, younger couples are leading a shift in perception regarding prenups. An Axios survey from 2023 found that 41% of married or engaged Gen Zs have signed a prenup, and 47% of engaged or married millennials have signed one. According to a 2024 HelloPrenup study, 75% of their prenup clients fall between the ages of 18 and 39. Many in this age group cite student loan debt, business ownership, or childhood experiences with divorce as their motivation for seeking a prenuptial agreement. In today’s economy, prenups are becoming an essential tool for establishing financial boundaries.
The legal details to keep in mind
While New York permits a broad range of financial provisions in prenups, courts have the right to review and possibly reject certain clauses. If one party didn’t receive full financial disclosure, was pressured into signing too close to the wedding date, or the terms are deemed severely unfair, a judge could throw out the agreement altogether or refuse to follow the clauses the judge deems problematic.
The best way to prevent this from happening is for each party to a prenup to have the benefit of independent counsel. While not legally required, the benefit to independent legal counsel is invaluable when determining how to best protect both parties, and signal to the court that each party understood what they were signing and had the opportunity to negotiate.
Another tip? Don’t wait until the week of the wedding! A prenup signed under time pressure may raise red flags about coercion. Ideally, you should begin the process at least three to six months before your wedding date to allow for adequate time for reflection, consultations with legal counsel, revisions, and proper execution.
Wrapping up prenup pricing in New York
In New York, a prenup can cost anywhere from under $1,000 to well over $10,000. Most fall in the $2,000 to $5,000 range, depending on complexity, the law firm, and how collaborative the couple is during the process. While that might feel like a significant investment, it’s often far less than the cost of future conflict or a messy court battle. Whether you’re protecting premarital savings or just want to start your marriage with transparency, a prenup is a smart, responsible choice. And in a city like New York, where real estate is pricey and financial lives are rarely simple, it’s more relevant than ever.
Janene Oleaga, Esq. (she/her) is a fertility lawyer and reproductive rights advocate assisting individuals and couples in all their family formation matters including prenuptial agreements, surrogacy arrangements, egg/sperm donation arrangements, embryo donation agreements, embryo disposition agreements, pre-birth and post-birth judgments of parentage, and adoption matters including confirmatory adoption and step parent or second parent adoptions. Janene founded Oleaga Law LLC from the premise that all individuals have the right to a family regardless of sexual orientation, gender identity, or relationship status. Janene is licensed in Maine, New York, and New Hampshire, with experience representing clients for intrastate arrangements, interstate arrangements, and international arrangements.
0 Comments