What Is a Prenup?

A prenup, short for prenuptial agreement, is a written contract two people sign before they marry. It defines what property stays separate, sets how assets and debts would be divided, and decides whether either spouse pays support if the marriage ends. In New York, a prenup lets a couple replace the state’s default divorce rules with terms they choose together.

My firm, Eiges Law P.C., is a boutique New York practice devoted entirely to prenuptial and postnuptial agreements, backed by four decades of matrimonial experience. This guide explains what a prenup is, what it can and cannot do, and how New York law treats it, so you can decide whether one is right for you. Because prenuptial agreements are the whole of my practice, I can answer the questions this page raises in a single confidential conversation.

Have questions about a prenup? Start the conversation. If you want to understand what a prenuptial agreement could do for you, I am ready to explain your options and help you decide with confidence. Schedule a confidential consultation today, and let me turn your questions into a clear, protective agreement built for your life.

What Does a Prenup Do?

A prenup replaces New York’s default divorce rules with an agreement the couple writes themselves. Instead of a judge dividing property under the state’s equitable distribution law, the prenup decides in advance what counts as separate property, how marital property and its growth are treated, and whether either spouse receives spousal support.

Think of a prenup as a set of instructions that only takes effect if a marriage ends, whether by divorce or death. Without one, New York’s Domestic Relations Law and a judge fill in those answers using broad statutory factors. With one, two people make the decisions themselves, calmly and in advance, and record them in a document the court will enforce. That is why a prenuptial agreement is often described less as planning for divorce and more as choosing certainty over a default no one designed for their particular marriage.

What Is the Purpose of a Prenuptial Agreement?

The purpose of a prenuptial agreement is to give a couple certainty and control over their financial future. A prenup protects separate property, prevents costly disputes, clarifies expectations before marriage, and lets two people set their own terms rather than leaving those decisions to a court applying New York’s default rules.

Different couples value different parts of that purpose. For some, the goal is protecting a business, an inheritance, or assets built before the marriage. For others, it is shielding one spouse from the other’s debts, defining what happens to a shared home, or simply having an honest conversation about money before the wedding. A prenup can also reduce conflict and legal expense if a marriage does end, because the hardest financial questions are already answered. In every case, I focus the agreement on the protection that matters most to the couple in front of me.

What Does a Prenup Cover?

A prenup covers the financial side of a marriage: what property each spouse keeps as separate, how marital property and appreciation are divided, how debts are allocated, and whether spousal maintenance is paid, limited, or waived. It can also protect a business, an inheritance, or property meant for children from a prior relationship.

The exact contents depend on the couple, but a New York prenuptial agreement commonly addresses:

Which assets each spouse keeps as separate property.
How marital property and the appreciation of separate property would be divided under Domestic Relations Law Section 236(B)(5).
Whether either spouse pays spousal maintenance, and on what terms, under Section 236(B)(6).
How debts, including debts brought into the marriage, are allocated.
Protection for a business, professional practice, or partnership interest.
Preservation of an inheritance, gift, or family property as separate.
Estate and inheritance arrangements for children from a prior relationship.

Because these terms interact, a strong prenup treats them as one coherent plan rather than a list of separate clauses. I tailor the coverage to each couple’s actual finances, which is something a generic template cannot do.

What Can a Prenup Not Do in New York?

A prenup cannot decide child custody or child support in a way that binds a court. New York determines custody by the best interests of the child under Domestic Relations Law Section 240, and child support follows the Child Support Standards Act. A prenup also cannot include terms that are unconscionable or built on hidden assets.

These limits protect people who are not parties to the contract, especially children. Spouses can agree about their own money, but they cannot bargain away a child’s right to support or lock in a custody arrangement a judge has not reviewed. A prenup that overreaches on these points risks having the offending terms struck, which can weaken the rest of the agreement. Keeping every provision within what New York law will enforce is part of what I do when drafting.

What Is the Difference Between Separate and Marital Property?

In New York, separate property is what a spouse owned before the marriage, plus gifts and inheritances received from third parties during it. Marital property is generally everything acquired during the marriage, regardless of whose name is on it. Only marital property is divided in a divorce, which is why the line between the two matters so much.

Under Domestic Relations Law Section 236(B)(1), separate property also includes anything acquired in exchange for separate property, while marital property is subject to equitable distribution. The complication is that separate property can lose its protected status through commingling, for example when separate funds are deposited into a joint account or a premarital home is retitled in both names. A prenup removes that uncertainty by defining each asset’s character in advance, so a couple never has to argue about tracing years later. Explaining this distinction clearly is one reason a prenuptial agreement is so valuable.

What Is the Difference Between a Prenup and a Postnup?

The only real difference is timing. A prenuptial agreement is signed before the wedding, and a postnuptial agreement is signed after the couple is already married. Both cover the same subjects and are governed by the same section of New York’s Domestic Relations Law, so the choice comes down to where a couple is in their timeline.

Couples who miss the window before the wedding, or whose finances change afterward, often use a postnuptial agreement to achieve the same protection. A spouse who starts a business, receives an inheritance, or simply wants clarity a few years into marriage can sign a postnup rather than a prenup. I advise couples on which document fits their situation, since the protection is nearly identical either way.

Is a Prenup Only for Wealthy People?

No. While prenups are common for high net worth couples and business owners, they benefit many people who are not wealthy. Anyone entering a marriage with a home, retirement savings, a business, student or other debt, children from a prior relationship, or simply a desire for financial clarity can benefit from a prenuptial agreement.

The idea that prenups are only for the rich is one of the most common misconceptions about them. In reality, a prenup can protect a spouse from taking on the other’s debts, safeguard a modest inheritance, define what happens to a shared home, or give a stay-at-home parent defined security. The point is not the size of the estate but the clarity the agreement provides. For that reason, I help couples across a wide range of circumstances, not only those with substantial wealth.

Does Getting a Prenup Mean You Expect to Divorce?

No. A prenup is not a prediction that a marriage will fail. It is a planning tool, much like a will or insurance, that creates certainty in case the unexpected happens. Many couples find that discussing a prenup openly actually strengthens the relationship by building honest financial communication before marriage.

Signing a prenuptial agreement is a sign of clarity, not doubt. It requires two people to talk openly about money, expectations, and fairness, a conversation many couples never have until a crisis forces it. Handled respectfully and early, that conversation can bring a couple closer rather than driving them apart. This is the calm, non-adversarial spirit I bring to every agreement I draft.

Are Prenuptial Agreements Enforceable in New York?

Yes. New York courts enforce prenuptial agreements that meet the statutory requirements. Under Domestic Relations Law Section 236(B)(3), the agreement must be in writing, signed by both parties, and acknowledged before a notary in the same formal manner required to record a deed. Fair terms and full financial disclosure complete the picture.

New York’s highest court set the fairness standard in Christian v. Christian, 42 N.Y.2d 63 (1977), allowing a marital agreement to be set aside for overreaching. The elements an enforceable prenup needs include:

A written agreement signed by both parties, as required by Domestic Relations Law Section 236(B)(3).
Proper acknowledgment before a notary, in the form used to record a deed.
Full and honest financial disclosure by both parties.
Independent counsel for each party and signing well ahead of the wedding.
Terms that are fair and reasonable when signed and not unconscionable when enforced.

Meeting these requirements is exactly what separates a durable agreement from one a court will refuse to honor. I build the disclosure record and handle execution so the finished agreement holds up if it is ever tested.

How Do You Get a Prenup in New York?

Getting a prenup in New York follows a clear path: a confidential consultation, full financial disclosure from both partners, negotiation of the terms, drafting, independent review by each side, and a signing that is notarized as the law requires. Starting the process early, well before the wedding, keeps it calm and strengthens the result.

The single most important thing is to begin early, because an agreement signed comfortably ahead of the wedding is far harder to challenge than one signed at the last minute. Each partner should have their own lawyer and enough time to review the terms without pressure. From the first conversation to the final signature, I guide couples through each step so the agreement is both fair and enforceable.

Do You Need a Lawyer to Get a Prenup in New York?

You are not legally required to hire a lawyer, but you should, and each spouse should have their own. Independent counsel for both sides is one of the strongest factors a New York court weighs when deciding whether a prenup is enforceable, because it shows each person understood the agreement and signed it freely.

Online templates cannot account for New York’s disclosure and acknowledgment rules, cannot tailor terms to real assets, and give a future challenger an easy target. Having separate lawyers protects both the fairness of the process and the strength of the result. I regularly work opposite qualified counsel for the other spouse, because an agreement where both parties were advised is the one most likely to hold up if it is ever tested.

How Do I Help With New York Prenuptial Agreements?

I help couples understand, negotiate, and draft prenuptial agreements from start to finish. That includes explaining how New York law applies, guiding full financial disclosure, drafting terms tailored to the couple’s assets, coordinating independent review, and handling a signing that meets the state’s acknowledgment rules exactly.

The process begins with a private conversation about each partner’s goals and concerns, with no pressure and no jargon. From there, I turn a couple’s priorities into clear, enforceable terms, always with the discretion these matters call for. Whether a couple has substantial assets or simply wants clarity before marriage, the goal is the same: an agreement both partners understand and a court will respect.

Why Choose Eiges Law P.C. for Your Prenuptial Agreement?

Eiges Law P.C. is my New York firm, devoted entirely to prenuptial and postnuptial agreements, with four decades of matrimonial experience behind every document. This single focus means clearer explanations, sharper drafting, and a smoother process than a general family law office treating a prenup as a side task.

When the questions are personal and the details are private, couples want a New York prenuptial agreement lawyer who explains the law plainly and protects accordingly. My approach is respectful and non-adversarial, tailored to your relationship and your goals rather than treating an agreement as a fight to be won. Confidential consultations are available in office, by phone, or by video, so understanding your options can start with a single, low-pressure conversation.