New York

Spousal Support and Prenups in New York

What to consider before including a waiver, limitation, formula, or other support provision in a premarital agreement.

Support provisions need state-specific drafting

The enforceability of a support provision can be governed by rules that differ from the rules applicable to property provisions.

Think beyond a complete waiver

Couples may consider caps, duration limits, formulas, floors, review triggers, or other structures depending on their goals and applicable law.

Circumstances can matter

New York law permits maintenance terms in marital agreements subject to statutory fairness and unconscionability standards.

Coordinate with the rest of the agreement

Support terms should make sense alongside property rights, career plans, expected income, estate planning, and the couple’s broader financial structure.

Legal starting point: New York Domestic Relations Law § 236(B)(3). New York requires a marital agreement to be in writing, subscribed by the parties, and acknowledged or proven in the manner required for a deed to be recorded. New York does not use California’s seven-day rule, so state-specific execution formalities are especially important.

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General educational information only. PrenupSpot is not a law firm, and this page is not legal advice. Laws change, and the application of law depends on individual facts. Consult a lawyer licensed in the relevant state.