NY Postnuptial Agreements
Apr 29, 2019
Having considerable assets or net worth when you are married might cause you to be worried that you might lose everything you’ve earned in the event that you and your spouse end up getting divorced. Even if you don’t end up dissolving your marriage, you may still want to hold onto your assets. New York is a state that practices equitable distribution, which means all assets, debts and other property amassed throughout the marriage is equally divided when spouses divorce. A postnuptial agreement can help you to protect those assets.
A postnuptial agreement is a legal document that is made between spouses in writing during the marriage that must be notarized.
Certain provisions can be included in a postnuptial agreement, such as the following:
• A contract that makes a provision or waiver of one’s right to challenge a will’s provisions
• An agreement that determines the ownership and distribution or division of property, whether separate or marital
• Provisions that determine the amount of spousal support and the duration of that support and other aspects that are fair between the two parties and that they are reasonable when the final entry is made
• Provisions are included for child custody, child care, the education of the child and child support
When a postnuptial agreement is being created, there are many additional things that can be added as compromises. The other party may object to the agreement, in general, for whatever reason, which can lead to dissension and an issue in ensuring that your assets are protected. The only option may be a compromise so that the other spouse will be more eager to sign the postnuptial agreement.
Postnuptial agreements can be complex and bring out all sorts of emotions in spouses. As a result, if you are located in New York and want to draw up this legal document, you need to speak with an experienced Brighton Beach divorce attorney. The Levitsky Law Firm is on your side and can help. Call the firm today to speak with a Brighton Beach postnuptial agreement lawyer. You will get to explain the situation with a Brighton Beach divorce lawyer who can advise you on the best way to proceed.