Marital Agreements
Financial Structure Before and During Marriage
Marriage significantly alters property and financial rights under New York law. In the absence of a written agreement, statutory equitable distribution rules govern how assets, income, appreciation, and business interests may be treated in the event of divorce or death. For individuals entering marriage with substantial premarital assets, inherited wealth, closely held businesses, or complex compensation arrangements, reliance on default law is rarely advisable.
A carefully drafted marital agreement allows both parties to define financial expectations deliberately—what remains separate, how appreciation is treated, how income is allocated, and how long-term wealth planning is preserved. The objective is clarity and durability.
Prenuptial Agreements
Prenuptial agreements are a natural extension of the firm’s private wealth and estate planning work. For individuals entering marriage with meaningful premarital assets, anticipated inheritances, family enterprises, real estate holdings, or equity-based compensation, a prenuptial agreement serves as a financial governance instrument rather than a contingency document. It provides clarity at the outset, when expectations can be aligned deliberately rather than reconstructed under strain.
A properly structured prenuptial agreement addresses the classification of separate and marital property, defines how income and asset appreciation will be treated during the marriage, protects ownership and management control of closely held businesses, establishes parameters regarding spousal support where appropriate, and coordinates with existing estate planning structures designed to preserve generational wealth. When negotiated thoughtfully and well in advance of marriage, a prenuptial agreement reduces long-term uncertainty and allows both parties to proceed with financial transparency and stability.
Postnuptial Agreements
Postnuptial agreements are executed after marriage and are typically appropriate when financial circumstances have evolved or when clarity was not established at the outset. Because the leverage dynamics differ once a marriage has already begun, these agreements require careful structuring, thoughtful consideration, and close attention to enforceability under New York law.
They are often used where one spouse has formed or expanded a business interest during the marriage, where substantial assets have been acquired, where an inheritance is anticipated or received, or where spouses wish to formalize financial expectations following a period of uncertainty. When negotiated deliberately and documented properly, a postnuptial agreement can bring stability to complex financial realities without court intervention and without unnecessary escalation.
Additional Private Marital Arrangements
In addition to prenuptial and postnuptial agreements, the practice includes the negotiation and drafting of privately structured marital arrangements designed to resolve financial issues efficiently and with discretion. These may include separation agreements negotiated outside of litigation, uncontested divorce matters in which financial terms have already been resolved, and waivers of elective share rights coordinated with broader estate planning objectives.
Such matters are approached selectively and with an emphasis on clarity, enforceability, and resolution rather than confrontation. The objective is to produce durable agreements that withstand scrutiny and protect legitimate financial interests while avoiding unnecessary public dispute.
Enforceability and Drafting Precision
Marital agreements are only as strong as their structure. Under New York law, enforceability depends on proper disclosure, voluntariness, procedural fairness, and precise drafting. Agreements prepared hastily or without careful financial analysis are vulnerable to challenge.
Each agreement is drafted with close attention to disclosure requirements, valuation issues, and long-term durability. The objective is not merely to sign a document, but to create an agreement that withstands scrutiny years later, if ever tested.
Marital agreements prepared by our office are structured to define financial rights with precision and durability. Rather than relying on default statutory rules, these agreements establish clear allocations of property, income, and authority in a manner designed to withstand scrutiny and reduce long-term uncertainty. The objective is disciplined financial clarity—protecting legitimate interests while preserving the integrity of the marital relationship.
Preservation of Separate Property
Clearly defines premarital assets and governs how income, reinvestment, and appreciation will be treated during the marriage, reducing ambiguity under New York’s equitable distribution framework.
Protection of Business and Professional Interests
Safeguards ownership and management control of closely held businesses, professional practices, partnerships, and equity-based compensation structures from unintended claims.
Coordination With Estate Planning
Aligns marital agreements with existing wills, trusts, and inheritance strategies, including elective share considerations, to preserve generational wealth objectives.
Avoid Litigation Through Clarity
By addressing financial rights deliberately and in advance, well-drafted agreements significantly reduce the likelihood of prolonged, expensive litigation.
Protection of Children From Prior Relationships
Preserves designated assets for specific heirs and prevents unintended diversion of wealth in blended-family structures.
Structural Protections Within Marriage
Disciplined Negotiation and Sound Judgment
Negotiating a marital agreement requires more than technical drafting; it requires strategic judgment, timing, and restraint. These matters often involve competing expectations, family pressure, and significant financial stakes. They are approached deliberately, with careful attention to disclosure, leverage, and long-term enforceability under New York law.
Discussions with opposing counsel are conducted directly and professionally, with the objective of producing an agreement that is durable rather than reactive. Clients are advised candidly about risk, practicality, and likely outcomes. Where appropriate, compromise is structured thoughtfully; where necessary, positions are defended firmly. The focus remains on achieving a clear, enforceable agreement that protects legitimate interests without unnecessary escalation.