Prenuptial agreements are legally binding contracts between two individuals who are planning to get married. Prenups typically address property division, financial support, and other important financial issues that may arise in the event of a divorce. In New York State, how to handle spousal support in the event of a divorce or separation can also be addressed in a prenuptial agreement.
Spousal support, also traditionally known as alimony or maintenance, is financial support paid by one spouse to the other during or after a divorce. The purpose of spousal support is to ensure that the recipient spouse is able to maintain a similar standard of living to what they had during the marriage. Spousal support can be temporary or permanent, and the amount and duration of the support can vary based on a number of factors, including the length of the marriage, the income of both parties, and the standard of living during the marriage.
If you are planning to include spousal support in your prenuptial agreement in New York State, there are several important things to consider. First, it's important to understand that prenups cannot waive or limit the right to receive spousal support entirely. This means that even if your prenup includes a provision that says one party will not receive spousal support, there always remains a possibility of a challenge to the agreement and a court may still award support if it determines that the provision is unfair or unconscionable. That is where the guidance and skill of an experienced attorney from Law Offices of Mindin & Mindin, P.C. comes in. We will ensure that your spousal support waiver and agreement are both fair and reasonable and stand the most likely chance to be upheld in a court of law.
You can use a prenup to set the amount and duration of spousal support, and to establish the circumstances under which support will be paid. For example, you could include a provision that says spousal support will be paid for a certain number of years based on the length of the marriage, or that support will only be paid if certain conditions are met, such as the recipient spouse being unable to support themselves or the paying spouse being able to afford to pay.
It's also extremely important to make sure you have a clear record that both parties have had the opportunity to review and negotiate the terms of the prenup, and that each party has had independent legal advice or the opportunity to obtain independent legal advice in the event your partner decides to represent themselves. In New York State, a prenup can be deemed unenforceable if one party was pressured or coerced into signing it, or if one party did not fully understand the terms of the agreement. We will work with you to make sure that the circumstances around entering into the prenuptial agreement are clear and that each party entered into the agreement knowingly, freely and intelligently.
If you are planning to include spousal support in your prenup, it's important to consult with an experienced family law attorney who can guide you through the process and ensure that your prenup is legally enforceable. An attorney from Law Offices of Mindin & Mindin, P.C. can also help you understand the different factors that may affect spousal support in your specific case, such as the length of your marriage and the income of both parties.
If you are planning to include spousal support in your prenuptial agreement in New York State, it's important to understand the limitations of what can and cannot be included in the agreement. An experienced family law attorney can help you navigate the complexities of creating a prenup that addresses spousal support and protects your interests in the event of a divorce. Call or email us today to set up a free no obligation consultation and case evaluation.