Prenuptial Agreements on Long Island That Protect Both of You
A Prenup Is an Act of Care, Not a Lack of Trust
A prenuptial agreement is one of the most misunderstood legal documents a couple can sign. It is not a prediction that the marriage will fail. It is a deliberate, honest conversation about what each of you is bringing into the marriage and how you want to handle things if life takes an unexpected turn. Couples who create prenups together often report that the process brought them closer, not further apart, because it required them to talk openly about money, family obligations, and long-term goals before the wedding.
We work with couples across Nassau and Suffolk counties who want to enter marriage with full clarity and mutual respect. Whether one of you owns a business, has children from a prior relationship, carries significant debt, or stands to inherit family assets, a well-crafted prenuptial agreement gives both of you a foundation of security that a marriage license alone cannot provide.
Who Benefits Most from a Prenuptial Agreement on Long Island
Prenuptial agreements are not reserved for the ultra-wealthy. Any couple where one or both partners has meaningful assets, obligations, or family ties that should be clearly defined before marriage can benefit from one. We regularly work with clients who are:
- Marrying for the first time with a business, real estate, or investment portfolio already in place
- Entering a second or subsequent marriage with children from a prior relationship
- Receiving or expecting a significant inheritance from family
- Partnering with someone who carries substantial student loan or business debt
- Business owners who need to keep their company separate from marital assets
- Professionals in high-earning careers building wealth that warrants advance planning
The earlier in the engagement process you begin, the better. New York courts look carefully at whether both parties had adequate time to review the agreement with independent counsel before signing. A prenup drafted under time pressure, or presented days before the wedding, is far more vulnerable to challenge.
A prenuptial agreement is a legal contract entered into before marriage that defines how assets, income, debts, and property will be treated during the marriage and in the event of divorce or death. Under New York law, prenups are enforceable when properly drafted, voluntarily signed, and accompanied by financial disclosure from both parties.
A thoughtfully prepared prenuptial agreement can:
- Distinguish separate property from marital property so that assets owned before marriage remain protected
- Shield one spouse from the other's pre-existing debts or business liabilities
- Preserve an inheritance or family trust for children from a prior relationship
- Define how income earned during the marriage will be treated if the marriage ends
- Establish financial expectations around spousal support, without eliminating it entirely
- Protect a family business or professional practice from division in divorce proceedings
- Clarify how property acquired together during the marriage will be divided
What a prenup cannot do is determine child custody or child support arrangements. Courts retain authority over those matters based on the best interests of the child at the time of any future proceeding.
What a Prenuptial Agreement Can Accomplish
How We Approach Prenuptial Agreement Drafting
We approach prenuptial agreements the way we approach every engagement: with a planning mindset, not a transaction mindset. Our goal is not simply to produce a document. It is to make sure the agreement reflects your actual circumstances, holds up legally, and does not create resentment between partners who are building a life together.
Our process begins with a thorough conversation about what each of you owns, what you owe, what you expect to receive, and what matters most to protect. From there, we draft an agreement that is specific to your situation rather than a generic template. We also build in our LIFT planning lens, which means we consider how the prenuptial agreement interacts with your broader estate plan, any life insurance you hold, your financial accounts, and your tax position. These elements do not exist in isolation, and a prenup that ignores them can create unintended consequences down the road.
We serve couples throughout Long Island, including families in Garden City, Huntington, and Massapequa, as well as those across Nassau County and Suffolk County more broadly. As a prenuptial agreement attorney serving Long Island, we understand how New York courts evaluate these agreements and how to draft them in a way that will stand on their own merits if they are ever called into question.
Every plan we build starts with your family's goals, then draws on whichever services fit your situation. Learn more about Estate Planning, Probate Administration, Kids Protection Planning, Asset Protection, Elder Law, Special Needs Planning, and LIFT Planning.
What Clients Say
Serving Long Island and New York City
Jason R. Breit, Esq. P.C. provides fixed-fee estate planning for individuals and families throughout Long Island and New York City, including:
- Melville, NY
- Garden City, NY
- Huntington, NY
- Massapequa, NY
- Long Island, including Nassau and Suffolk Counties
- New York City
Prefer to meet remotely? Jason offers
estate planning consultations by Zoom, providing the same personalized guidance whether you’re on Long Island, in New York City, or meeting at his Melville office.
Frequently Asked Questions About Prenuptial Agreements
Do both of us need our own attorney to sign a prenuptial agreement in New York?
New York does not legally require both parties to have independent counsel, but courts look far more favorably on agreements where each person was separately represented. We strongly recommend that your partner retain their own attorney before signing. We can help facilitate that process and recommend counsel if needed.New York does not legally require both parties to have independent counsel, but courts look far more favorably on agreements where each person was separately represented. We strongly recommend that your partner retain their own attorney before signing. We can help facilitate that process and recommend counsel if needed.How far in advance of the wedding should we start the prenuptial agreement process?
We recommend beginning at least three to six months before your wedding date. This gives both parties time to review the agreement, ask questions, negotiate any terms, and sign without any appearance of pressure. Agreements signed very close to the wedding are more likely to face legal challenges later.We recommend beginning at least three to six months before your wedding date. This gives both parties time to review the agreement, ask questions, negotiate any terms, and sign without any appearance of pressure. Agreements signed very close to the wedding are more likely to face legal challenges later.Can a prenuptial agreement be changed after we are married?
Yes. Once you are married, a prenuptial agreement can be amended or revoked through a written postnuptial agreement signed by both spouses. Life circumstances change, and the agreement should be able to change with them. We include a review process as part of our ongoing client relationships so that your documents stay current.Yes. Once you are married, a prenuptial agreement can be amended or revoked through a written postnuptial agreement signed by both spouses. Life circumstances change, and the agreement should be able to change with them. We include a review process as part of our ongoing client relationships so that your documents stay current.Will a prenuptial agreement protect my business if we divorce?
A properly drafted prenuptial agreement can establish that your business, its assets, and any growth in its value remain your separate property. Without that protection, a spouse may have a claim to a portion of the business's appreciation during the marriage. This is one of the most common and consequential reasons business owners pursue prenuptial agreements.A properly drafted prenuptial agreement can establish that your business, its assets, and any growth in its value remain your separate property. Without that protection, a spouse may have a claim to a portion of the business's appreciation during the marriage. This is one of the most common and consequential reasons business owners pursue prenuptial agreements.What makes a prenuptial agreement unenforceable in New York?
New York courts may refuse to enforce a prenup if it was signed under duress, if there was inadequate financial disclosure by either party, if the terms are unconscionable, or if the agreement was not properly executed in writing with signatures. Working with an experienced prenuptial agreement attorney from the start is the most effective way to ensure the agreement will hold.New York courts may refuse to enforce a prenup if it was signed under duress, if there was inadequate financial disclosure by either party, if the terms are unconscionable, or if the agreement was not properly executed in writing with signatures. Working with an experienced prenuptial agreement attorney from the start is the most effective way to ensure the agreement will hold.
Start the Conversation Before the Wedding
The best time to begin a prenuptial agreement is well before the planning gets overwhelming. We make the process straightforward, collaborative, and focused on both of your interests, not just the legal mechanics. If you are considering a prenuptial agreement on Long Island, we invite you to reach out and schedule a conversation with our team.