How Do Prenups Work in New York? What They Can and Can’t Do

Added: 2026-06-03

[00:00:00]Thinking prenups are only for the wealthy? Think again. Modern prenups protect everyone.

[00:00:07]So, prenups used to be a taboo topic.

[00:00:11]Today, they're one of the smartest financial planning tools available. My name is David Bliven, Bronx and Westchester family law attorney, and here's exactly how prenups work under New York law. Number one, what prenups can do. Protect premarital assets. Protect family businesses.

[00:00:36]Define separate versus marital property.

[00:00:39]Protect future income. Protect real estate you own.

[00:00:45]Clarify financial responsibilities.

[00:00:48]Limit or define spousal support.

[00:00:52]These protections save families millions every year. Number two, what prenups cannot do. Predetermine child custody.

[00:01:01]Predetermine child support. Encourage divorce. Waive certain rights completely.

[00:01:08]Anything that harms a child's best interest is unenforceable. Number three, when prenups are most useful. Second marriages, when one spouse has significantly more assets, family businesses, inheritances, unequal incomes, high earning professionals, property owners. Number four, are prenups enforceable? Yes, if drafted correctly. To be enforceable, prenups must be voluntary, transparent.

[00:01:44]That means full financial disclosure.

[00:01:47]Fair at the time of signing. Properly acknowledged. Clear and specific.

[00:01:53]Poorly drafted prenups can and do get thrown out. Number five, should you get a pre-nup?

[00:02:02]Even after a marriage, post-nups can work by protecting assets, clarifying financial expectations, creating peace of mind, reducing conflicts.

[00:02:15]At the law offices of David Bliven, we create pre-nups and post-nups designed to withstand court scrutiny and protect your long-term financial future. So, if you're considering a pre-nup or post-nup, contact my office for a confidential consultation. You can also check out my blog, you'll find it at blivenlaw.net/blog.

[00:02:41]Also, check out my YouTube channel where I have deep dives on this subject and many others.

[00:02:48]If you appreciated this video, please like, subscribe, follow, and share.

[00:02:53]Thanks.