New York Rules That Apply to Agreements Signed After the Wedding

Married couples face the same statute as engaged couples, along with closer review from the courts. Our Massapequa postnuptial agreement attorneys draft every agreement around five rules:

  • Domestic Relations Law Section 236(B)(3) requires a postnup be written, signed by both spouses, and acknowledged in the same manner as a recorded deed.
  • A duty of good faith. Courts scrutinize postnuptial agreements more closely than ordinary contracts and can set them aside when the terms or circumstances are unfair.
  • Complete financial disclosure. Each spouse should see a complete accounting of marital property, retirement accounts, and debts before either one signs.
  • Maintenance standards. A court asks whether maintenance terms were fair and reasonable at signing, then whether enforcing them would be unfair at the time of divorce.
  • Limits on children's issues. Any provision touching custody or child support stays open to a judge's review, measured against the children's needs.

These rules shape how an agreement should be drafted from the very first meeting, including who prepares the disclosure schedules and when each spouse reviews the final draft with counsel.

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Life Changes That Lead Long Island Spouses to a Postnup

Each of the following changes can raise financial questions that a postnup answers in advance.

  • A new business. When one spouse opens a practice, a contracting company, or a retail shop, a postnup can state whether the business and any growth in its value will be treated as separate or marital property. 
  • An inheritance or family gift. Inheritances are generally separate property in New York, and depositing them into joint accounts can change that. A postnup records the source of the money.
  • Repairs or renovations to the home. When one spouse's separate funds pay to repair, rebuild, or renovate the family home, a postnup can document that contribution.
  • A career pause. When one spouse leaves work to raise children or care for a parent, a postnup can set maintenance or property terms that account for the lost income.
  • A prenup that needs updating. Couples who signed a prenuptial agreement years ago sometimes use a postnup to amend terms that no longer fit their lives. 
  • Recommitting after a hard stretch. Some couples sign a postnup as part of rebuilding trust after a difficult period, with financial terms both spouses accept going forward.

Our Massapequa postnuptial agreement attorneys will help you decide which terms belong in your agreement and how to word them clearly.

How Our Massapequa Postnuptial Agreement Attorneys Work With Married Couples

Married couples from across Nassau and Suffolk County work with us for these reasons:

Direct access to your attorney. We intentionally limit our caseload, so the attorney drafting your agreement is the same person who answers your questions.

Peaceful solutions when possible. A postnup discussion between spouses who plan to stay married calls for a calm, cooperative process. Our training in mediation and collaboration helps couples reach terms without turning the conversation into a dispute.

The firm other attorneys call. Other Long Island attorneys regularly turn to our firm when they need counsel for their own divorce and family law matters.

Clear, ethical guidance. We explain how a court would likely review each term if the marriage ended, so you sign with a realistic understanding of what the agreement covers.

Experience across Nassau and Suffolk County. Led by Managing Partner James P. Joseph, our team has practiced exclusively in matrimonial and family law from our Garden City office since 1998 and has earned a perfect 5-star Google rating.

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Putting New Terms in Writing While Both Spouses Agree

A postnuptial agreement is easiest to negotiate while both spouses are on good terms and committed to the marriage. Our Massapequa postnuptial agreement attorneys can review what has changed since your wedding and draft terms built to meet New York's standards. Book your free case evaluation to discuss your agreement with our Garden City team.

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