Can You Waive Spousal Maintenance in a New York Prenuptial Agreement?
If you are getting married and already thinking about what happens if the marriage ends, you are not being pessimistic. You are being practical. One of the most common questions couples ask before signing a prenuptial agreement is whether they can simply agree, in advance, that neither spouse will ever have to pay the other spousal maintenance. The short answer is yes, but the details matter more than most people expect.
How New York Law Treats Maintenance Waivers
New York Domestic Relations Law Section 236(B)(3) allows engaged couples to enter into a written agreement that addresses property division, spousal maintenance, and several other financial matters that would otherwise be decided by a judge. This means that, in principle, two people can agree before marriage that neither one will seek maintenance from the other if the relationship ends. Courts in New York have upheld these waivers for decades, provided the agreement meets certain formal and substantive requirements.
Why Some Waivers Do Not Hold Up
A signed waiver is not automatically enforceable just because both people put their names on a page. For a prenuptial agreement to be valid, it must be in writing, signed by both parties, and acknowledged in the same way a deed would be for recording. Beyond the paperwork, courts look closely at whether both spouses had a fair opportunity to understand what they were giving up. Was there full financial disclosure? Did each spouse have their own attorney, or at least the chance to consult one? Was the agreement signed under pressure close to the wedding date, or with enough time to consider it?
Suffolk County courts, like courts elsewhere in New York, take these questions seriously. A maintenance waiver that looked reasonable when a couple got engaged can look very different ten or twenty years later, especially if one spouse gave up a career to raise children or support the other’s professional advancement. That does not automatically void the agreement, but it can become a real point of dispute if the marriage ends.
What Couples Should Think About Before Signing
If you are considering a prenuptial agreement that includes a maintenance waiver, ask yourself a few honest questions. What happens if one of us stops working to raise a family? What happens if one of us becomes ill or unable to earn income? A well drafted agreement can address these situations directly rather than leaving them to chance. It is also worth knowing that a postnuptial agreement can update these terms later if circumstances change significantly after the wedding.
Speak With Our Firm Before You Finalize Anything
A prenuptial agreement is meant to bring clarity, not confusion, to your marriage. Before you sign anything that waives your right to future support, it helps to understand exactly what you are agreeing to and how a Suffolk County court would view that agreement years down the road. Our Suffolk County prenuptial agreement attorneys at Hillen Druek, PLLC regularly help clients across Islandia and Westhampton Beach negotiate agreements that hold up over time. Reach out to us to schedule a consultation and talk through your specific situation before your wedding day arrives.
Source:
nysenate.gov/legislation/laws/DOM/236 -e