New York

High-Net-Worth Prenups in New York

Planning considerations for premarital agreements involving substantial or complex wealth.

Complexity is often more important than net worth

A single closely held company, trust interest, or compensation package can create more drafting complexity than a larger but simple portfolio.

Define growth and appreciation carefully

The agreement may need to address appreciation, retained earnings, distributions, reinvestment, active efforts, debt reduction, and contributions of marital funds or labor.

Coordinate with estate and tax planning

Trusts, inheritance expectations, elective-share rights, beneficiary designations, and tax planning can intersect with prenup terms.

Use precise disclosure and definitions

High-value agreements benefit from clear schedules, defined terms, valuation concepts, and treatment of future assets and transactions.

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.

Talk with a New York prenup attorney.

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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.