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Marital Agreements

Under New York’s Domestic Relations Law, two adults who marry are entering into a civil contract. There are many additional contracts spouses may enter, before, during, or in anticipation of dissolving, a marriage. Domestic partnerships and same sex marriages have unique legal issues and parties entering these contracts should consult with attorneys experienced in this specific area.

The primary marital agreements are:

• Pre-Nuptial Agreement:

Also called a “pre-nup,” this is a legally enforceable contract entered into prior to a marriage in which the parties disclose their pre-existing financial assets and can pre-determine many financial issues, including how they will divide assets in the event of divorce or death, or other change of circumstances.

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• Post-Nuptial Agreement:

Also called a “post-nup,” this is a legally enforceable contract entered into after a marriage in which the parties determine many lifestyle and financial issues, including how they will divide assets in the event of divorce or death of one spouse.

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• Separation Agreement:

Agreement entered into without court intervention and voluntarily by two spouses who have decided to live separately and apart. As part of the agreement, the spouses may address and determine, without divorcing, issues including child support, child custody and visitation, spousal maintenance, division of property and assets, including the family house, if there is one.

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• Marital Settlement Agreement:

My spouse and I have questions about entering into a marital agreement. How should I prepare?

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