The all-inclusiveNew York prenup

The controlling statute & cases

What law governs prenups in New York?

New York prenuptial agreements are governed by Dom. Rel. Law § 236(B)(3) and relevant case law (i.e., court opinions). Dom. Rel. Law § 236(B)(3) explains what is required for a valid and enforceable prenup and postnup in New York state. The requirements include being in writing, signed by both parties, and properly notarized in the same way a deed would be notarized. Dom. Rel. Law § 236(B)(3) also explains what you may include in a prenup or postnup, such as property division, spousal maintenance, inheritance, estate rights, and select issues involving children. Case law (or otherwise known as opinions written by New York judges) helps further interpret this statute and add more rules around the creation and enforcement of prenups in New York.

Is New York a UPAA state?

No, New York is not part of the 29 and counting states that have adopted in part or in whole the Uniform Premarital Agreement Act (UPAA). Instead, New York prenuptial agreements are governed by its own set of statutes (Dom. Rel. Law § 236(B)(3)) and extensive case law on the issue. The Uniform Law Commission created the UPAA to help standardize how states treat the interpretation and enforcement of prenups.

Requirements for a New York prenup

Requirements for a valid New York prenup Lisa Zeiderman, Esq. New York Attorney

What are the requirements for a prenup in New York?

As laid out in Dom. Rel. Law § 236(B)(3), prenups in New York must be in writing, signed by both parties, and notarized in the same way as a deed. In addition, according to case law, prenups in New York also require full financial disclosure of assets at the time of execution (Gottlieb v. Gottlieb, 138 A.D.3d 30 (2016)). In addition, prenups must also be free of fraud, overreaching, unfair dealing, and coercion or duress (Rapp v. Rapp, 58 Misc.3d 1224(A) (2018)). Finally, the statute further provides that any provisions surrounding spousal maintenance (i.e., alimony) must be "fair and reasonable at the time of the making of the agreement and are not unconscionable at the time of entry of final judgment." Dom. Rel. Law § 236(B)(3).

Requirements:

• In writing
• Signed by both parties
• Notarized in the same manner as a deed
• Full financial disclosure
• Entered into voluntarily, free of fraud, duress, or overreaching
• Spousal maintenance provisions are fair and reasonable, and not unconscionable

Does a prenup need to be notarized in New York?

Yes, a prenuptial agreement must be notarized in the same manner as a deed, according to Dom. Rel. Law § 236(B)(3). This means that both parties must sign the agreement and formally acknowledge their signatures before a notary public in order for the agreement to be valid and enforceable in New York. Notarization is a way for a court to confirm that the parties actually signed the document and understand that the document they were signing was, in fact, a prenup.

Do both parties need a lawyer for a prenup in New York?

No, it's not necessary for parties to a prenuptial agreement to hire legal representation to create a valid and enforceable document in New York (E.K. v. C.K., 76 Misc.3d 1203(A) (2022)). On the other hand, hiring a lawyer can help deter arguments of overreaching, fraud, or unconscionability. So, in other words, hiring a lawyer can increase the chances of enforceability, but is not required for a valid agreement.

What makes a prenup invalid in New York?

A prenup can be deemed invalid for improper execution (lack of signatures or lack of proper notarization). A prenup can also be deemed invalid for improper financial disclosure when coupled with other factors, such as one spouse overreaching or creating the agreement under fraudulent or coercive circumstances. Finally, New York courts can deem a prenup invalid for being "manifestly unfair," which is usually when there are a combination of factors such as fraud, unconscionability, or overreaching (Rapp v. Rapp, 58 Misc.3d 1224(A) (2018); R.S. v. L.F.S., 61 Misc.3d 612 (2018)).

How long before the wedding should I sign a prenup in New York?

There is no straightforward answer as to when a prenup should be signed in New York. New York courts have specifically declined to state a specific minimum number of days before a wedding that a prenuptial agreement must be signed. Instead, courts look to the timing of the prenup as part of the totality of the circumstances when analyzing an agreement for duress or coercion, overreaching, or fraud (D.K. v. E.K., 71 Misc.3d 255 (2021), holding that the timing alone will not invalidate a prenup in New York where there were other favorable factors present such as legal representation or lack of overreaching).

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What can & can't be in a New York prenup

Child custody & support in a New York prenup Lisa Zeiderman, Esq. New York Attorney

Does cheating void a prenup in New York?

No, cheating does not void a prenup in New York. Under New York law, prenuptial agreements are favored by public policy and are presumed valid and enforceable. Marital misconduct such as cheating or adultery is not a ground for invalidating these agreements. While adultery remains an optional grounds for divorce in New York (Dom. Rel. Law § 170), it is not applicable to prenuptial agreements in the same way. See J.F. v. E.G., 87 Misc.3d 1219(A) (2025), a case where the court upheld the prenup despite allegations and evidence of adultery.

Are infidelity clauses enforceable in New York?

No, infidelity clauses are not enforceable in New York. Infidelity clauses are sometimes still included in prenuptial agreements by some practitioners as a way of setting boundaries with a future spouse, but they do not have any legal impact at the time of divorce when a prenup is enforced.

According to high net worth New York divorce attorney Lisa Zeiderman, "Many times clients ask to include infidelity clauses in their prenuptial agreements. While infidelity clauses may be difficult if not impossible to enforce and even prove, they may serve as a deterrent for people to commit infidelity during their marriage. Thus, their inclusivity may be helpful as a deterrent to cheating on your spouse. On the other hand, infidelity clauses may drive more negotiation in the drafting of the prenuptial agreement and possibly drive up litigation and the accompanying fees in the event of a divorce trying to enforce, prove and disprove infidelity."

Can a prenup include child custody in New York?

Technically, yes, couples may include provisions related to child custody in New York, but the provisions in the agreement are still subject to the best interests of the child, and other provisions of Dom. Rel. Law § 240 at the time of divorce. In other words, you can include provisions regarding child custody in New York but if they aren't in line with what is best for the child and other requirements laid out by New York law, a judge can and will invalidate the terms. It's important to note that the allowance of child custody provisions in a prenup is unique to New York law. Virtually all other states do not allow couples to include child custody provisions, so if you move from New York to another state, it likely will not hold up there.

Can a prenup protect a business in New York?

Yes, business owners may utilize a prenuptial agreement to protect their interests in their company. This can include provisions regarding business growth, property and equipment, equity interests, debt, income, intellectual property, and more. Ensuring your existing (or future) business stays separate property is a very common usage of a prenuptial agreement in New York.

Can a prenup protect inheritance in New York?

Yes, people can protect any inheritances and gifts from third parties through the use of a prenuptial agreement. This is also a common use for prenups to ensure that their family money stays in the family. You can also ensure gifts from third parties, such as lifetime gifts from parents, remain separate property and do not become part of the marital estate in a New York divorce.

Can a New York prenup include embryo clauses?

Yes, and many New York couples do. 1 in 6 couples struggle with infertility, and that means an increase in ways to conceive a child besides running into the bedroom on your honeymoon. Embryo clauses are for folks who have existing embryos or who plan to have embryos in the future. With HelloPrenup, you can address what happens to your embryos in case of divorce, who is responsible for storage fees, and legal parenthood in case of death or divorce.

Don't know if you'll have embryos? Infertility is a lot like "the d-word." No one plans on it happening, but you may want to prepare for it just in case you fall into the roughly 42% of adults seeking fertility treatments. By adding embryo clauses to your prenup, you can save money by bundling embryo provisions into the agreement, build a stronger foundation by aligning on family planning early, and protect your wishes in writing.

Marital property in New York

Is New York a community property state?

No, New York is not a community property state. Community property is a framework for dividing property and generally states that adopt this framework divide all property and debt acquired during marriage (with a few exceptions) 50-50. New York does not do that. Instead, New York is considered an equitable distribution state, meaning that a court applies the principle of equitable division when dividing up property in a divorce, not an automatic 50-50 split.

How is property divided in a divorce in New York without a prenup?

According to Dom. Rel. Law § 236(B), "Marital property shall be distributed equitably between the parties, considering the circumstances of the case and of the respective parties." This does not mean an automatic 50/50 split. Instead, a court will split assets as it deems fair and relevant utilizing factors laid out by the legislature.

Factors a court considers include:

• Each person's financial situation at the time of marriage and divorce
• Length of the marriage
• Health and age of the spouses
• Whether either parent needs to stay in the marital home to care for a child or children
• Whether inheritance rights or pension benefits will be lost because of the divorce
• Whether either spouse will lose health insurance coverage
• Whether spousal maintenance (alimony) is being awarded
• Each spouse's contributions to the marriage and property
• How easy it is to divide assets such as real estate, accounts, or cash
• Each spouse's future earning ability
• The difficulty of valuing certain assets such as a business, which should instead stay intact
• Tax consequences of dividing property
• Whether either spouse wasted marital assets (i.e., spending)
• Whether either spouse tried to hide assets before the divorce
• Whether there was domestic violence in the relationship
• The best interests of the pet when determining who should get the pet (pet is considered "property")
• Any other factor the court believes is fair and relevant

There is no single factor that is dispositive that will determine the entire division. Instead, a court will look to the totality of the circumstances, taking into consideration the above factors, when dividing property equitably.

What is separate property in New York?

Dom. Rel. Law § 236(B)(1)(d) states what should be considered separate property in a divorce without a prenuptial agreement. It outlines that separate property includes:

• Property acquired before marriage
• Property acquired by inheritance or gift
• Compensation for personal injury
• Property acquired in exchange for separate property
• The appreciation of separate property (minus property that has grown due, in part, to the contributions of the other spouse)
• Any property outlined in a valid agreement as separate property, such as a prenup or postnup

The above definition of separate property is what is applied when there is no prenuptial agreement, or a prenuptial agreement with gaps in its clauses. A valid prenup can override these laws.

Spousal maintenance in New York

Alimony in a New York prenup Lisa Zeiderman, Esq. New York Attorney

Can a prenup waive alimony in New York?

Yes, a prenuptial agreement in New York may waive spousal maintenance (alimony), however there are some stipulations to creating a valid and enforceable waiver in New York. First, alimony modifications must be "fair and reasonable at the time of the making of the agreement and . . . not unconscionable at the time of entry of final judgment" (Dom. Rel. Law § 236(B)(3)). In other words, judges have discretion to analyze spousal maintenance waivers for reasonableness, both when the prenup was signed and at the time of divorce.

In addition, a recent case (2025) known as J.M. v. G.V., 87 Misc.3d 171 (2025), announced a new requirement for a valid and enforceable alimony waiver in New York: a requirement to include actual alimony calculations in the waiver. This means the contract language waiving alimony must also include the actual amount of money that would be given up. The reasoning behind this is to ensure each person truly understands what the alimony waiver entails and knowingly enters into the agreement.

Does a prenup prevent spousal maintenance in New York?

Yes, a prenup can prevent spousal maintenance (a.k.a. alimony or spousal support), however, parties must follow the laws laid out by the state to create an enforceable agreement. An alimony waiver (i.e., preventing spousal maintenance) must be fair and also must include actual alimony calculations within it. If those two factors are met, then the waiver will hold up in court and spousal support will be prevented in the divorce.

How is alimony determined in New York without a prenup?

In New York, without a prenup, courts utilize a statutory formula to determine how much alimony to order (Dom. Rel. Law § 236(B)(6)). The formula is a mathematical formula that takes into consideration whether child support is being paid and each party's income. In addition, the court uses a calculation for how long to award alimony based on the number of years married. For example, if the parties were married between 15 and 20 years, the court may award alimony for the duration of 30 to 40% of the length of the marriage (e.g., it could be 4.5 to 8 years long of alimony payments for the higher earner).

How much does a prenup cost in New York?

How much does a prenup cost in New York?

The cost of a prenup in New York varies and can range from a few thousand to much more. According to New York family law attorney David M. Gross, "the cost of drafting, negotiating, revising, and finalizing a prenup falls in the range of $2,500 to $3,500, depending on the level of complexity and how much the couple has discussed and agreed to before our work begins." The level of complexity can include how extensive each person's finances are, their requests for the prenup, and the amount of negotiations that take place.

What is the cheapest way to get a prenup in New York?

Nowadays, the cheapest (and most efficient) way to get a prenup in New York is to use reputable online prenup platforms such as HelloPrenup, in addition to hiring add-on attorney services. For example, with HelloPrenup, you can get a New York prenup for $599, and add-on New York-licensed attorney services for flat rates. Utilizing online prenup platforms and attorneys for flat rates is often the cheapest way to get a prenup in any state.

How much does a prenup lawyer cost in New York?

On average, attorneys in New York charge $426 per hour. This rate can vary depending on the attorney's geographic location, accolades, educational background, and experience. For example, attorneys in Manhattan with 15+ years of experience, who graduated from Harvard Law School are likely to charge much more than a new grad in upstate New York. In addition, the number of hours the attorney needs to work will affect the cost of the prenup, since attorneys usually charge hourly. So if your prenup is complex, negotiations take a while, or you have extensive requests for drafting the agreement, it will cost you more.

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How to get a prenup in New York

How do I get a prenup in New York?

You can get a valid prenup one of two ways in New York: (1) Hire attorneys to draft your agreement, or (2) Utilize an online prenup platform to download a template that is customized to your needs. With HelloPrenup, you can also utilize an online platform while also hiring optional, add-on New York-licensed attorneys for flat rates. Both options are enforceable ways to get a prenuptial agreement in New York. Generally, utilizing a reputable online prenup platform is going to be the more affordable way to get the job done.

Can I write my own prenup in New York?

Technically, yes, you could write your own prenup and it is possible for a New York court to uphold it. However, it would be difficult because New York has many legal nuances to creating a valid and enforceable agreement. For example, New York alimony waivers require specific alimony calculations utilizing the statutory formulas and actual incomes after J.M. v. G.V. (2025). Non-lawyers may not understand how to properly draft that and may do it incorrectly (making it potentially unenforceable).

How long does it take to get a prenup in New York?

It depends on each party's commitment to the process, and if hiring lawyers, the lawyers' work availability and speed. The average time to get a prenup in New York with HelloPrenup is about two calendar days. This is because the platform provides couples with a guided questionnaire, with simple instructions, that helps the couple work through the prenup on their own. Even couples that choose to hire a lawyer in New York through HelloPrenup, the process takes only a little bit longer, an average of one week.

Do I need a lawyer to get a prenup in New York?

Generally, no, you do not need a lawyer to create a valid and enforceable agreement. Hiring a lawyer is not a prerequisite for a valid and enforceable agreement. New York public policy favors prenups and requiring legal representation would unduly hinder this policy. However, there is one caveat. If you are including embryo disposition terms in your prenup, then you will need to hire a lawyer because embryo disposition agreements do require legal representation, according to Family Court Act § 581-306(a)(2). In addition, HelloPrenup requires both parties to be represented by independent counsel for any spousal maintenance waiver, given the heightened fairness scrutiny New York courts apply to those waivers.

Caselaw & enforceability

Are prenups enforceable in New York?

Yes, prenups are enforceable in New York. In fact, New York has strong public policy favoring the use of prenuptial agreements because people should be able to decide their own financial interests through contracts if they so wish (P.M. v. M.M., 144 N.Y.S.3d 312 (N.Y. Sup. Ct. 2021)). However, there are parameters around this public policy laid out by New York courts and legislature to ensure fairness of these contracts, such as the requirement for notarization and fairness of the agreement.

How hard is it to break a prenup in New York?

It is very difficult to break a prenup in New York when the agreement is properly created because New York has strong public policy favoring them and they are presumed valid in the state. Plus, the challenging party faces a "very high burden" to set them aside (J.M. v. G.V., 87 Misc.3d 171 (2025)). The person trying to break the prenup must show the agreement was not validly executed, was a product of misconduct (fraud, duress, etc.), or that the agreement was or is unconscionable (J.F. v. E.G., 87 Misc.3d 1219(A) (2025); E.K. v. C.K., 76 Misc.3d 1203(A) (2022)).

Can a judge throw out a prenup in New York?

Yes, a judge has the authority to throw out a prenup in New York, but only if the challenging party meets the high burden of proving it is unenforceable under certain grounds. A judge cannot throw out a prenup for just any reason. It must actually be a reason rooted in a New York statute or case. For example, the agreement was procured through fraud, duress, or overreaching, or was not executed properly (it lacked signatures or proper notarization).

What can void a prenup in New York?

A prenup can be voided in New York through a handful of reasons. Here are the ways a prenup can be voided:

• Either spouse procured the agreement through fraudulent circumstances
• Either spouse procured the agreement through overreaching
• Either spouse procured the agreement through duress or coercion
• The agreement is unconscionable or manifestly unfair
• The document was not properly executed with signatures and notarization
• The document is against public policy

Outside of the above reasons, a New York prenup will generally hold up in court and not be deemed void.

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Duration & after-marriage

How long does a prenup last in New York?

A prenup can last forever in New York. Couples may choose to place an expiration date on the prenup, which is sometimes referred to as a sunset clause. This clause basically says "this contract will expire on _____." Couples typically choose a wedding anniversary date to void the agreement if they are including a sunset clause, such as stating the agreement will terminate on their 10th wedding anniversary. Without including an expiration date clause (i.e., sunset clause) in the prenup, the prenup will be effective indefinitely.

Can you get a prenup after marriage in New York?

No, prenuptial agreements must be executed prior to the wedding day in New York. If you want to put a contract in place after the marriage has already taken place, you need to get a postnuptial agreement in New York. Postnuptial agreements (postnups) are similar to prenups except they are executed during the marriage and have a few more stipulations under New York law. With a postnup, the exact same execution requirements for a prenup are necessary under Dom. Rel. Law § 236(B)(3). However, courts will apply stricter scrutiny when analyzing the agreement due to the fiduciary relationship between the spouses (Petracca v. Petracca, 101 A.D.3d 695 (2012)). In other words, prenups and postnups are not created equal but are similar and can be a good option if you've run out of time to get a prenup.

Can you change a prenup in New York?

Yes, you may change (amend) a prenuptial agreement in New York, so long as you follow the same execution requirements as laid out for a prenup (Dom. Rel. Law § 236(B)(3)). In addition, any amendment to a prenuptial agreement in New York is effectively a postnuptial agreement and will be subject to the stricter scrutiny by courts (Petracca v. Petracca, 101 A.D.3d 695 (2012)), explaining that because parties are married now and owe one another a fiduciary duty, the contract is subject to stricter scrutiny.

Cross-border & recognition

Choice of law in a New York prenup Lisa Zeiderman, Esq. New York Attorney

Is a prenup signed in another state valid in New York?

Yes, generally prenups signed in another country or state will be upheld in New York as long as they were properly executed in their original location and are not against state public policy. However, there are some circumstances where a court may apply substantive New York law to the prenup. For example, in the New York case McKoan v. McKoan, a court heard a case where the couple signed and created a prenup in Connecticut and then later moved to New York. The court ultimately applied Connecticut law to evaluate the creation and execution of the prenup, but applied New York law to evaluate the substantive aspects of the prenup, such as how property is divided. The court explained that because the couple lived, worked, raised children, and held nearly all marital assets in New York, New York substantive law should apply. This isn't to say the court changed the terms of the agreement or threw the contract out, but instead filled any legal gaps in the contract with New York law rather than Connecticut law (McKoan v. McKoan, 839 N.Y.S.2d 434 (Sup. Ct. 2007)).

What happens to my New York prenup if I move to another state?

This will largely depend on the laws of the new state, but generally, most states will honor prenups created in foreign states, as long as they were executed properly under the original state's law. In other words, if you executed your prenup properly under New York law, and then move to another state, there is a good chance that it will hold up in that state. However, whether or not the state applies substantive law may vary. Applying substantive law means the new state could choose to use its own laws to interpret what different terms of the prenup mean.