Manhattan Prenuptial Agreement Lawyer

Prenups for Manhattan couples

Most of the work on a prenup is done by phone, video and email, so where you live in Manhattan makes little difference to the process. What changes from couple to couple is the property, and Manhattan agreements tend to involve the same few categories. For the general rules, see our main prenuptial agreement page.

Co-ops and condos bought before the wedding

An apartment you own before the marriage is generally your separate property (DRL § 236(B)(1)(d)(1)). The trouble usually starts later. Marital earnings pay the mortgage or the co-op's monthly maintenance, the apartment is renovated, or it is sold and the money goes toward a new home in both names. An increase in the value of separate property can become marital to the extent it is due in part to the other spouse's contributions or efforts (DRL § 236(B)(1)(d)(3)), and property acquired during the marriage is presumed marital unless the owner proves otherwise (Fields v. Fields, 15 N.Y.3d 158 (2010)).

A prenup can settle these questions in advance. It can say whether the apartment and any growth in its value stay separate, whether the other spouse receives a credit for payments made from marital income, and what happens if you sell and buy a new home together. If the apartment is a co-op, check the proprietary lease and the building's rules before adding a spouse to the shares: the prenup decides your rights between the two of you, not what the co-op board requires.

Bonuses, RSUs and stock options

For many people who work in Manhattan, a large part of pay arrives as an annual bonus or as restricted stock units and options that vest over several years. Without an agreement, New York courts first decide whether each award granted during the marriage pays for past work or is an incentive for future work, then apply a time-based formula to find the marital share (DeJesus v. DeJesus, 90 N.Y.2d 643 (1997), a case about stock options and restricted shares). The answer depends on grant letters, vesting schedules and plan documents. A prenup can skip that analysis by stating how unvested awards, deferred compensation and bonuses earned partly before the wedding will be treated, and how that pay counts as income if maintenance is ever calculated.

Partnership interests, practices and family companies

A partnership or LLC interest in a law, medical, consulting or investment firm is often governed by its own agreement, which may restrict transfers, set a valuation method or include a form of consent for a partner's spouse. A prenup should be consistent with those documents. It can confirm that your interest stays separate and say how any growth during the marriage is treated. See protecting your business in divorce.

Trusts, gifts and inheritances

Inheritances and gifts from someone other than your spouse are separate property (DRL § 236(B)(1)(d)(1)), but they can lose that status if they are mixed with marital money or put in joint names. Interests in family trusts raise their own questions; see trusts and equitable distribution. A prenup can list the trusts and expected gifts, say that distributions and growth stay separate, and address estate rights. A waiver of the right of election against a spouse's will must itself be in a signed, acknowledged writing (EPTL § 5-1.1-A(e)).

Limiting or waiving maintenance

Couples with high incomes often want to limit or waive spousal maintenance. New York allows that within limits: maintenance terms must be fair and reasonable when the agreement is signed and not unconscionable when the divorce judgment is entered (DRL § 236(B)(3)), and an agreement cannot leave a spouse likely to become a public charge (DRL § 236(B)(3); General Obligations Law § 5-311). In J.M. v. G.V., 87 Misc. 3d 171 (Sup. Ct. Kings County 2025), a trial court vacated the maintenance waiver of a spouse who signed without a lawyer, because the agreement did not state the parties' incomes or the guideline amount being waived; the rest of the agreement survived under its severability clause. We include the guideline calculation in any agreement that limits maintenance. For incomes above the statutory cap, see maintenance above the $241,000 cap.

When one of you lives or works outside New York

Couples who split time between Manhattan and New Jersey, or who have homes, family or careers abroad, should decide which state's law will govern the agreement and make sure it is signed in a way that will be honored where it may be used. Joel Yacoob is admitted in New York and New Jersey; see our guide to New Jersey's premarital agreement law. If property or residence in another country is involved, we will tell you when advice from a lawyer in that country is needed.

Signing

New York courts apply the signing rule strictly. In Galetta v. Galetta, 21 N.Y.3d 186 (2013), a prenup failed because the notary's certificate left out required language, and in Matisoff v. Dobi, 90 N.Y.2d 127 (1997), an agreement both spouses signed was unenforceable because it was never acknowledged. You can sign at our office at 195 Montague Street, or each of you can sign before a notary in Manhattan following our written instructions.