New York Post-Nuptial Agreement Form

Since spouses owe each other a trust obligation when entering into a legal contract, spouses must ensure that all finances are fully disclosed and that each party enjoys a fair activity without any threat or coercion. In general, courts are more likely to declare a spousal agreement invalid because of the obligations that exist between spouses. However, as long as the finances are fully disclosed, each spouse enters into the agreement of his own volition, and each party has spoken with a lawyer, the courts allow for post-mortal arrangements to dictate support and distribution of property. This is why it is important to consider a post-uptial agreement to consult an experienced family lawyer. New Yorkers considering a post-nuptial deal should be Lawrence B. LaRaus, Esq. to discuss their financial goals, legal options and the benefits of entering into a post-marriage contract. A. A post-nuptial agreement does not affect the distribution of assets after death, unless there is a clause in the agreement stating that it should do so. Normally, after death, property is distributed according to a person`s will or under the provisions of New York law, if they do not have a will. What do we do with Derimony? Several states have specific laws on how to manage assistance to dependants or spouses, so any agreement must take into account the state in which sped assistance could be granted. In some cases, spouses cannot waive their sped assistance rights.

It should also be noted that marital assistance is generally granted when one spouse earns significantly less than the other or when a spouse abandons his or her own monetary activities to improve the budget. An example could be a spouse who agrees to stay at home to raise children or care for a sick parent during marriage. Assistance to spouses would be considered to help the party until they could self-generate their own income. Although New York law already defines the distribution of property if a marriage ends in divorce or death, the courts will recognize a valid post-uptial agreement that may differ from how New York law would divide property.