Queens Postnuptial Agreement Lawyer

Postnups for Queens couples

We prepare postnuptial agreements for married couples throughout Queens, by phone, video and email, with signing at our office at 195 Montague Street or before a notary near you. Without an agreement, property either spouse acquires during the marriage is generally marital and is divided equitably in a divorce, whoever holds title (DRL § 236(B)(1)(c), (5)(c)). A postnup lets you choose different rules. The general requirements are on our main postnuptial agreement page.

A family business that has grown

A business started during the marriage is generally marital, and a business one spouse owned before the marriage can still produce marital value if the other spouse's work helped it grow (DRL § 236(B)(1)(d)(3)). That is a real issue when both spouses work in a restaurant, a store, a practice or a trade, sometimes without a formal salary, or when parents or siblings are co-owners. A postnup can define each spouse's interest, give credit for unpaid work, set a valuation method or buyout terms, and keep the other owners out of any later dispute. Check the company's shareholder or operating agreement, too, so the two documents agree. See protecting your business in divorce.

Help from parents to buy a home

When parents help with a down payment, the first question is whether the money was a gift or a loan, and to whom. A gift from someone other than your spouse is separate property (DRL § 236(B)(1)(d)(1)), but once it goes into a home bought during the marriage and titled in both names, recovering it in a divorce can be difficult, because property acquired during the marriage is presumed marital (Fields v. Fields, 15 N.Y.3d 158 (2010)). A postnup can say whether the contribution is credited to the spouse whose family gave it. If the money was a loan, document it separately with a signed note, so repayment does not depend on how a divorce comes out.

Property and inheritances abroad

A home, land or accounts in another country should be listed in the financial disclosure attached to the agreement, with an estimate of value. If you inherit or sell property abroad during the marriage, a postnup can say whether the money stays separate when it is brought to the United States. Courts in another country may apply their own rules to property located there, so ask whether you need advice from a lawyer in that country as well.

When one spouse stays home

Some couples sign a postnup when one spouse leaves work to raise children or care for family. Fairness is critical here. "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)), and the Second Department has upheld the setting aside of a postnup as manifestly unfair where one spouse gave up substantial rights and the disparity was vast (Petracca v. Petracca, 101 A.D.3d 695 (2d Dep't 2012)). Maintenance terms must be fair and reasonable when signed and not unconscionable when a divorce judgment is entered (DRL § 236(B)(3)). An agreement that leaves the spouse at home with nothing is the kind most likely to fail.

An agreement both of you understand

We draft in English. If either of you reads another language more comfortably, a translation of the final draft gives you a fair chance to review the terms with your own lawyer, and the agreement should say which version controls. A foreign-language document attached to New York court papers must be accompanied by an English translation and a translator's affidavit (CPLR 2101(b)).

Signing and limits

Every postnup must be in writing, signed by both spouses and acknowledged in the form required to record a deed; an unacknowledged postnup is unenforceable even if both spouses signed it (Matisoff v. Dobi, 90 N.Y.2d 127 (1997)). A postnup does not bind creditors, cannot override the court on child support or custody (DRL § 240), and cannot leave a spouse likely to become a public charge (General Obligations Law § 5-311).