New York County · Fixed fees from $3,000

Manhattan Postnuptial Agreement Lawyer

Postnuptial agreements for married couples in Manhattan whose finances have changed since the wedding: a company sale, a new partnership, an inheritance or a new apartment.

The short answer

A postnuptial agreement is a contract between spouses, signed during the marriage, that sets out who owns what and how support works if the marriage ends. It is worth considering after a business sale, a promotion to partner, an inheritance, or the purchase of an apartment with one spouse's separate money. It must be in writing, signed and acknowledged like a deed (DRL § 236(B)(3)), and because spouses owe each other the utmost good faith, courts check it for fairness. Fixed fees start at $3,000.

At a glance

  • Fixed fees: Standard Postnup $3,000; Complex Postnup $5,000.
  • Typical triggers: a liquidity event, a partnership admission, an inheritance, buying an apartment with separate funds, or an outdated prenup.
  • An unacknowledged postnup is unenforceable even if both spouses signed it (Matisoff v. Dobi).
  • Full disclosure and a separate lawyer for each spouse matter even more than for a prenup.

Postnups for Manhattan couples

A postnup does for a married couple what a prenup does for an engaged one: it replaces New York's default rules on property and support with terms the two of you choose. Without an agreement, property either spouse acquires during the marriage is generally marital and is divided equitably in a divorce, regardless of whose name is on it (DRL § 236(B)(1)(c), (5)(c)). We prepare postnups for couples throughout Manhattan, with meetings by phone or video and signing at our office or before a notary near you. The general rules are on our main postnuptial agreement page.

After a sale, an IPO or a new partnership

When a company is sold, goes public or admits you as a partner, value that was hard to measure becomes cash, stock or a capital account. If the business or the equity predates the marriage, part of it may be separate property; if it was built during the marriage, it is generally marital. Equity granted during the marriage is divided under the time-based approach the Court of Appeals adopted in DeJesus v. DeJesus, 90 N.Y.2d 643 (1997). A postnup signed around the event can fix how the proceeds are characterized, whether reinvested money stays separate, and how future grants are treated. If a partnership or operating agreement asks for a spouse's consent, the postnup and that consent should be drafted to match.

Buying an apartment with separate money

Suppose one spouse uses money saved before the marriage, or an inheritance, toward a co-op or condo bought during the marriage. The apartment is presumed marital, and the spouse who used separate funds must prove the contribution to get credit for it (Fields v. Fields, 15 N.Y.3d 158 (2010)). Titling the apartment in both names can make that harder. A postnup signed before the closing can preserve a credit for the separate contribution, set each spouse's share, and say what happens if the apartment is sold. For a co-op, the shares and proprietary lease should be titled consistently with the agreement.

An inheritance or trust distribution

An inheritance is separate property (DRL § 236(B)(1)(d)(1)), but once it is deposited in a joint account, used for family expenses or invested with marital money, tracing it becomes difficult. A postnup can identify the inheritance, say that income and growth stay separate, and allow it to be invested together without losing its status. See trusts and equitable distribution.

Updating or replacing a prenup

A prenup signed years ago may not fit a marriage with children, a move or very different incomes. A postnup can update maintenance terms, estate provisions and any halachic provisions, or replace the prenup entirely. It must meet the same requirements: in writing, signed by both spouses and acknowledged. If maintenance is limited or waived, include the guideline calculation; a 2025 Kings County trial court refused to enforce a maintenance waiver, signed by a spouse without a lawyer, that did not state the parties' incomes or the guideline amount (J.M. v. G.V., 87 Misc. 3d 171 (Sup. Ct. Kings County 2025)).

Why fairness matters more after the wedding

Engaged couples bargain at arm's length; spouses do not. "Agreements between spouses, unlike ordinary business contracts, involve a fiduciary relationship requiring the utmost of good faith" (Christian v. Christian, 42 N.Y.2d 63, 72 (1977)). In Petracca v. Petracca, 101 A.D.3d 695 (2d Dep't 2012), the Second Department upheld an order setting aside a postnup as manifestly unfair where the wife had given up substantial property and inheritance rights. To reduce that risk:

  • exchange full, documented financial disclosure and attach it;
  • have a separate lawyer for each spouse;
  • allow time to review, without a deadline attached; and
  • keep terms that each of you can explain, especially on maintenance, which must be fair when signed and not unconscionable at judgment (DRL § 236(B)(3)).

What a postnup cannot do

A postnup does not bind creditors. It cannot override the court on child support or custody (DRL § 240), and under General Obligations Law § 5-311 it cannot leave a spouse likely to become a public charge or require the spouses to divorce.

Fixed fees

Standard Postnup

$3,000

Basic asset protection

Complex Postnup

$5,000

Business or significant assets

Each fee includes a review of the marital assets, customized terms, a confidential process and properly executed documentation. Start online or call (718) 975-1123.

Frequently Asked Questions

How much does a postnuptial agreement cost in Manhattan?

Our fixed fees are $3,000 for a standard postnup and $5,000 for a complex postnup (business or significant assets). Each includes a review of the marital assets, customized terms, a confidential process and properly executed documentation.

Can a postnup protect the proceeds of my company's sale?

It can say how the proceeds are characterized and whether reinvested money stays separate. Whether the terms hold up depends on proper execution, full disclosure and fairness, because spouses owe each other a fiduciary duty.

We are buying an apartment with my inheritance. What should we sign?

A postnup signed before the closing can preserve a credit for your inheritance and set each spouse's share. Without one, an apartment bought during the marriage is presumed marital, and you would have to trace your contribution to get credit for it.

Can we change our prenup?

Yes. Spouses can amend or replace a prenup with a later agreement, but the new agreement must also be in writing, signed by both spouses and acknowledged in the form required to record a deed.

Is a postnup signed during a rough patch enforceable?

It can be, but courts look closely at agreements signed under emotional pressure. Separate lawyers, full disclosure, time to review and terms that are not one-sided make it much more likely to be upheld.

Talk With a Manhattan Postnup Lawyer

Tell us what has changed since the wedding, and Joel Yacoob will contact you. Consultations are by phone or video.

  • Joel Yacoob reads every request himself.
  • Consultations by phone or video, Monday–Friday, 9 AM–7 PM.
  • Prefer to talk now? Call (718) 975-1123.

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