Postnuptial Agreement

Long Island Postnuptial Agreement Attorney

Seasoned Family Law Attorneys Serving Suffolk & Nassau Counties

Worried about the health of your marriage, or just want to make some precautions in case things turn southward years from now? You may want to consider a postnuptial agreement to preemptively protect your best interests during a divorce. From high net worth marriages to single-income families, postnuptial agreements are gaining in popularity across the country.

Protect Your Assets With A Postnuptial Agreement

A postnuptial agreement can be a valuable tool for protecting your assets and ensuring financial security in the event of a divorce. Whether you are looking to safeguard inherited property, business assets, or other valuable possessions, a postnuptial agreement can provide peace of mind and clarity for both parties.

Key benefits of a postnuptial agreement include:

• Protection of separate property
• Clarification of financial responsibilities
• Prevention of disputes during divorce proceedings
• Preservation of family wealth and assets

Our experienced Long Island postnuptial agreement attorneys can guide you through the process of creating a comprehensive and legally binding agreement tailored to your specific needs and concerns. Contact us today to schedule a free consultation and learn how a postnuptial agreement can benefit you and your family.

What Can a Postnuptial Do?

Since a postnuptial agreement must be created after a marriage becomes official, it is sometimes seen as a gesture of bad will or faith. In reality, a postnuptial can often be the legal representation of just how much someone cares about their spouse. By planning ahead for a “just in case” scenario where divorce seems likely, a postnuptial can work wonders by eliminating frustrations, stress, and delays. In other words, it says that, even in divorce, a spouse does not want their other half to deal with unnecessary complications.

A postnuptial agreement can generally control two things in a divorce, if it ever occurs:

• Asset division: New York uses equitable distribution, or dividing property based on what seems fair to the court, not necessary a 50-50 split. If there are pieces of marital property that you think should go to you uncontested, or to your spouse without a fight, you can set them aside in a postnuptial agreement, as you would in a prenuptial. The same can be said of debt division, allowing you to shake responsibility of debt your spouse may have accrued on their personal credit card.
• Spousal support: A huge source of contention in any divorce is alimony payments, or deciding how much money should be awarded to the spouse that brought in the least income each month, paid by the primary breadwinner. Coming up with a fair plan ahead of time can easily extinguish heater arguments before they even have a chance of arising.

What Can a Postnuptial Not Do?

Divorce courts are always concerned primarily with the best interests of children whose parents are ending their marriage. In order to make certain that children are being treated properly and have the best chance to remain happy, the court must review divorces on a case-by-case basis and with information that is as up-to-date as possible. Postnuptial agreements cannot control child custody, child support, child visitation, and anything else pertaining to the wellbeing of your children, as this would assumedly not be current.

Commonly Asked Questions

Can a postnuptial agreement be beneficial for high net worth marriages?

Yes, a postnuptial agreement can be especially beneficial for high net worth marriages as it can help in outlining asset division and financial responsibilities in case of a divorce.

Is a postnuptial agreement a sign of bad faith in a marriage?

Not necessarily. While some may view it as a gesture of bad faith, a postnuptial agreement can actually be a proactive way to address potential issues and protect both parties’ interests in the event of a divorce.

Can A Postnuptial Agreement Address Spousal Support/alimony?

Yes, a postnuptial agreement can address spousal support/alimony, allowing both parties to agree on financial provisions in the event of a divorce, thus potentially avoiding contentious arguments in the future.