Prenuptial Agreement in
New York

A New York prenup must be in writing, signed by both parties, and acknowledged before a notary in the same manner as a deed under Domestic Relations Law § 236B. Courts also examine whether each party had independent counsel, received full financial disclosure, and signed voluntarily without duress.

Yes. New York courts can refuse to enforce a prenup — or specific provisions — that are unconscionable, were procured by fraud or overreaching, or that would leave one spouse in a situation of extreme hardship. Substantive fairness matters alongside procedural fairness.

No, independent counsel is not legally required, but it is strongly advisable. New York courts look more favorably on agreements where each party had the opportunity to consult their own attorney, and the absence of counsel for one party is a common basis for challenge.

Yes. Couples can agree to modify or waive spousal maintenance in a New York prenup. Courts generally uphold these provisions as long as the agreement was fair at signing, voluntary, and not unconscionable at the time of enforcement.

New York law allows prenups to address bonuses, restricted stock units, and carried interest. Because courts have examined these issues in contested cases, it is important to define clearly whether compensation earned during the marriage counts as marital or separate property and how unvested equity at the time of divorce is treated.

Traditional attorney-drafted prenups in New York typically cost $2,500–$10,000 per spouse, or $5,000–$20,000+ for the couple. Online services like prenups.ai offer AI-generated prenuptial agreements for $349 one-time, tailored to New York's equitable distribution system. Many couples use an AI-generated draft as a starting point and then have it reviewed by a local attorney at a fraction of the traditional cost.

With prenups.ai, you can have a draft prenuptial agreement in under 20 minutes. Traditional attorney routes in New York typically take 2–6 weeks due to scheduling, drafting, negotiation, and review. No specific statutory timing requirement. However, courts consider timing as a factor in assessing voluntariness. Signing well before the wedding is advisable. We recommend starting the process at least 2–3 months before your wedding to allow time for review and any revisions.

Yes. New York does not require you to have an attorney to create a valid prenuptial agreement. However, having each party consult with independent legal counsel significantly strengthens enforceability. Many couples use prenups.ai to create the initial draft and then have it reviewed by attorneys, which is much more affordable than starting from scratch.

Without a prenup, New York's default equitable distribution rules apply. New York follows equitable distribution. Marital property is divided fairly by the court based on statutory factors. Separate property is generally not subject to division. A prenup lets you define your own terms instead of leaving these decisions to state law or a judge's discretion.