How Do New York Prenups Work? DRL §236(B) Rules for 2026

What makes a prenup valid in New York?

A New York prenup is valid when it satisfies three formal requirements under DRL §236(B)(3): it must be in writing, subscribed (signed) by both parties, and acknowledged in the manner required to entitle a deed to be recorded. Miss any one of these steps and a court can throw the entire agreement out.

New York has its own prenup statute and has not adopted the Uniform Premarital Agreement Act that governs agreements in many other states. That means rules you've read about prenups in California, Texas, or Florida may not apply here.

Both partners must sign the agreement before the wedding. If you sign after the ceremony, the document is treated as a postnuptial agreement, which courts review under heightened scrutiny. New York is an equitable-distribution state, meaning that without a prenup, a judge decides what is "fair" when dividing marital property in a divorce. A valid prenup lets you and your partner set your own terms instead of relying on a court's discretion.

The New York City Bar Association explains it this way: a prenup "takes the control over your property and assets away from the state and places it in the hands of you and your spouse."

The three DRL §236(B)(3) execution requirements

Each of the three execution elements carries real consequences if it's done incorrectly. Here's what each one means in practice.

1. In writing

Oral prenups are unenforceable in New York, no exceptions. The entire agreement, including schedules of assets and any maintenance terms, must be in a written document.

2. Subscribed by both parties

Both partners must personally sign the agreement. The statute uses the word "subscribed," which in New York legal practice means a handwritten signature at the end of the document.

3. Acknowledged in the manner required to record a deed

This is the requirement that trips up more couples than any other. A basic notary stamp alone is not sufficient. Each partner must sign in front of a notary and formally declare to the notary that the signature was made freely and for the purposes described in the document. The notary then completes an acknowledgment certificate, which must include language confirming that the signer "personally appeared" and "acknowledged that he/she executed the same." This is the identical form used to record a deed with a county clerk.

New York courts take this requirement seriously. In Galetta v. Galetta, 21 N.Y.3d 186 (2013), the Court of Appeals voided a prenup because a single required phrase was accidentally omitted from the acknowledgment certificate. In Matisoff v. Dobi, 90 N.Y.2d 127 (1997), the Court of Appeals reinforced the strict standard, holding that the acknowledgment formality is a mandatory condition for enforceability in a matrimonial action.

What a New York prenup can and cannot cover

DRL §236(B)(3) lists the permissible subjects. The statute also has clear boundaries, some set by statute and others established by case law.

Separate vs. marital property

Assets you bring into the marriage are generally separate property, and assets acquired during the marriage are generally marital property. A prenup can define which assets fall into each category. However, the NYC Bar Association notes an important practical point: if you don't keep separate property titled in your own name, it may later be reclassified as marital property and divided in a divorce, even with a prenup in place.

The public-charge limitation

General Obligations Law §5-311 prevents an agreement from relieving either spouse of support obligations "in such a manner that he or she will become incapable of self-support and therefore is likely to become a public charge." A maintenance waiver can exist, but it cannot leave a spouse destitute.

Child-related provisions

A prenup can address the general care and education expenses for a child, but courts will not enforce provisions that lock in custody arrangements or waive child support. Custody and support must be determined based on the child's best interests at the time of divorce.

The 2025 maintenance-waiver rule (JM v. GV) and why it matters in 2026

In January 2025, New York Supreme Court Justice Jeffrey S. Sunshine issued a decision in JM v. GV that changes how every New York prenup should handle spousal maintenance waivers going forward.

The core holding: a valid maintenance waiver must be a "knowing" relinquishment. That means it cannot be abstract or generalized. The agreement must show both parties' actual incomes and apply the statutory maintenance formula to produce an exact dollar figure. Only when that calculated figure is laid out can a party make an informed choice to waive the right.

In JM v. GV, the husband was unrepresented and signed a prenup containing a broad waiver of all maintenance, temporary and permanent. The court struck that waiver because the husband had not truly understood the dollar value of the rights he gave up. The rest of the prenup was upheld.

The two-point fairness test for maintenance

Maintenance provisions face a unique two-point scrutiny that other prenup terms do not. Under DRL §236(B)(3), the terms must be:

1. Fair and reasonable at the time the agreement is signed, and
2. Not unconscionable at the time of entry of final judgment (when the divorce is finalized).

This means a maintenance provision can be valid on the day you sign it but struck down years later if circumstances have changed dramatically. The New York State Bar Association's analysis of the JM v. GV decision notes the "heavy presumption" courts give to deliberately prepared prenups, but confirms the court will still vacate a specific provision that fails the knowing-waiver standard.

Practical takeaway for 2026

If your prenup includes any maintenance waiver, have your attorneys run the DRL §236(B)(6) guideline calculation using both partners' current incomes and include the resulting figures in the agreement. Independent counsel for each partner is highly recommended, especially after JM v. GV demonstrated the vulnerability of unrepresented signers.

What a New York prenup costs in 2026

Prenup costs in New York vary significantly depending on how you get the work done and where you're located.

Traditional drafting in New York City commonly runs $5,000 to $10,000 per couple, with NYC family law hourly rates in the range of roughly $300 to $600. Those figures can climb quickly for agreements involving complex assets, business interests, or significant negotiation.

A lawyer-led online prenup, like Neptune, gives each partner an independent attorney of their choosing. This is different from a DIY template service, which typically provides a form without any attorney involvement. Because Neptune's pricing is dynamic, check the current rates directly rather than relying on any single quoted figure.

The DIY route is the least expensive upfront but carries the most enforceability risk, particularly in New York, where the deed-style acknowledgment requirement and the post-JM v. GV maintenance calculation expectations make professional guidance especially valuable.

How to set up a prenup in New York: a step-by-step framework

Step 1: Start the conversation early

Bring up the prenup well before any wedding logistics create time pressure. As Michael C. Cotugno, Esq., Managing Partner, Neptune Legal, puts it: "The initial outreach for a premarital agreement is an invitation, not a demand."

Step 2: Exchange full and fair financial disclosure

Both partners should prepare a complete picture of their income, assets, debts, and any expected inheritances or business interests. Full disclosure is a foundation of enforceability. The NYC Bar Association emphasizes that a valid prenup requires "a full and fair disclosure of all assets by both you and your spouse."

Step 3: Each partner retains independent counsel

Independent counsel for each partner is highly recommended for an enforceable prenup. After JM v. GV, the risk of a court striking a provision signed by an unrepresented party has become especially clear. Each attorney reviews the agreement from their client's perspective.

Step 4: Draft and negotiate terms

Work with your attorneys to draft terms that reflect your shared goals, whether that's defining separate property, planning for a business, addressing maintenance, or clarifying financial responsibilities during the marriage. If you're including a maintenance waiver, make sure the statutory guideline calculation is run and documented.

Step 5: Sign and acknowledge before a notary, well before the wedding

Complete the signing and formal acknowledgment with enough time before the wedding to avoid any argument that one partner was pressured. There's no statutory minimum waiting period in New York, but family law attorneys generally recommend finishing the process at least several weeks before the ceremony. Rushing to sign the night before a wedding is a fact pattern that appears regularly in challenges alleging duress.

A prenup signed close to the wedding doesn't automatically fail, but it gives a challenging party a stronger argument. Build in margin.

A note on timing and partnership

"A premarital agreement doesn't have to be a wedge between partners or a necessary evil that protects assets at the expense of trust and intimacy," says Michael C. Cotugno, Esq., Managing Partner, Neptune Legal. When both partners participate openly and each has independent guidance, the process can strengthen financial alignment heading into the marriage.