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.
Talk with a New York prenup attorney.
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