New York
New York is an equitable distribution state, which means a judge has broad discretion to divide property "equitably" rather than equally. Without a prenup, outcomes are inherently unpredictable. A prenuptial agreement lets you and your partner define the terms together, removing the uncertainty of judicial discretion.
$5,000 flat fee per couple. No payment to start.
Why prenups matter in New York
Unlike community property states where there is a presumed 50/50 split, New York courts weigh over a dozen statutory factors to decide what is "fair." This gives judges wide latitude, making the outcome of any property dispute difficult to predict without an agreement in place.
A court considers factors including length of marriage, income and property at the time of marriage and divorce, age and health of both parties, loss of inheritance or pension rights, contributions as a homemaker, and more. Each judge may weigh these differently, producing a wide range of possible outcomes.
You and your partner define the terms in advance. What is separate property, how assets acquired during the marriage are treated, and whether maintenance applies. Both partners know the framework from day one, and a court does not need to exercise its discretion over your finances.
DRL 236(B)(3) requirements
New York Domestic Relations Law Section 236(B)(3) sets specific formalities that must be satisfied for a prenuptial agreement to be enforceable. Your attorney can confirm that each requirement is met.
New York Domestic Relations Law Section 236(B)(3) requires prenuptial agreements to be in writing. Oral agreements regarding property division are not enforceable.
Both partners must sign the agreement. Each signature indicates voluntary consent to the terms.
The agreement must be "acknowledged in the manner required to entitle a deed to be recorded." This means both parties must appear before a notary public who verifies their identity and witnesses the acknowledgment. This is a stricter standard than simple notarization.
While DRL 236(B)(3) does not explicitly mandate disclosure, New York courts routinely scrutinize whether both parties had adequate knowledge of the other's finances. Inadequate disclosure can be grounds for invalidation.
No waiting period: Unlike California's mandatory 7-day rule, New York has no statutory waiting period between when a prenup is presented and when it can be signed. However, courts may consider timing as one factor when evaluating voluntariness. An agreement signed weeks or months before the wedding is less likely to face timing-related challenges.
2025 legal development
A 2025 New York ruling significantly raised the standard for spousal maintenance waivers in prenuptial agreements. Courts now expect more specificity and documentation than previously required.
Courts often expect the agreement to include real income numbers for both parties at the time of signing, not estimates or ranges.
Courts may expect the DRL 236(B)(6) maintenance formula to be applied with concrete calculations showing what each party would receive under the guidelines.
Both parties should acknowledge each page of the agreement, demonstrating that they reviewed and understood the calculations and terms.
What this means for you: Maintenance waivers are still permissible in New York prenups, but they now require substantially more documentation and precision. This adds complexity (and typically $500 to $2,000 in additional attorney costs at NYC hourly rates). It also makes proper legal representation more important than ever, as a maintenance waiver that does not meet these standards may not hold up.
Common topics for NYC couples
New York City has the highest concentration of finance professionals and some of the most expensive real estate in the country. Both create unique considerations for prenuptial agreements.
Co-op ownership structures, pre-marriage down payments (including family gifts), and appreciation on properties purchased before or during the marriage.
Deferred compensation, carried interest, restricted stock, partnership distributions, and year-end bonuses that may exceed base salary.
Ownership stakes, valuations, and the distinction between active growth (your labor) versus passive appreciation (market forces).
Maintenance provisions now require heightened specificity after the 2025 JM v. GV ruling. Your attorney can structure these to meet current standards.
Keeping inherited assets or family transfers separate, including trusts, gifted property, and intergenerational wealth planning.
Student loans, business debts, credit lines, and other liabilities each partner brings into the marriage.
A New York distinction
New York distinguishes between how an asset grows during a marriage. This distinction directly affects how property may be treated in equitable distribution, and is especially relevant for business owners and investment professionals.
If separate property grows due to market forces alone (for example, an index fund portfolio appreciating without active trading, or real estate increasing in value due to neighborhood gentrification), that appreciation may remain separate property. The key factor is whether the growth occurred without effort from either spouse.
If separate property grows due to active efforts during the marriage (for example, you grow a pre-marriage business through your labor, or you actively manage a real estate portfolio), that appreciation may be considered marital property subject to equitable distribution. A prenup can define how this distinction is handled.
Why this matters for finance professionals:Carried interest, deferred compensation, and year-end bonuses often straddle the line between pre-marital and marital property because they vest or accrue over periods that cross the date of marriage. Without a prenup, a court may need to perform complex tracing analysis on an asset-by-asset basis. A prenup can establish clear rules for how these are characterized.
Cost in New York City
Typical NYC firms
$6,000 to $16,000+
per couple ($3,000 to $8,000+ per attorney at $350-$800/hr)
Neptune
$5,000
per couple, flat fee. Two independent attorneys included.
$3,000 drafting attorney + $2,000 reviewing attorney. No payment required to start. Rush pricing applies when the wedding is within 45 days.
How it works
Neptune's guided intake helps both partners describe their financial situation in plain language. Real estate, investments, compensation, business interests, debts.
Neptune connects each partner with a separate, independent New York attorney who reviews your situation and helps you understand how DRL 236 may apply to your specific finances.
Your drafting attorney creates an agreement tailored to your situation, including proper acknowledgment language and, if applicable, the documentation now required for maintenance provisions.
“Neptune make it so easy to find qualified reasonably priced lawyers I could trust for creating a prenup. And the process of asking questions to an AI chatbot really helped surface critical conversations early with my partner. Highly recommend checking them out!”
Tracy & Steven
Physician & Software Engineer
“The lawyer that I found through Neptune was such a valuable asset for our prenup not only as a sounding board to make sure our needs were met, but also to help write a document that me and my partner agree on while also ensuring it will hold up in court.”
Martha
Product Manager
“Process was surprisingly easy and fast! I expected tons of back and forth with lawyers, but Neptune streamlined everything beautifully. From start to finish, we had our signed prenup in about 6 weeks. Loved the flat fee pricing.”
Liza & Patrick
Account Executive & Investment Associate
New York is an equitable distribution state, meaning a judge has broad discretion to divide assets "equitably" rather than equally. Unlike community property states where there's a 50/50 presumption, New York courts consider over a dozen statutory factors (length of marriage, income disparity, contributions to the other spouse's career, etc.) to determine what's fair. This discretion makes outcomes without a prenup highly unpredictable. A prenup removes this uncertainty by letting you and your partner define the terms together.
Under DRL 236(B)(3), a New York prenuptial agreement must be in writing, signed by both parties, and acknowledged before a notary public "in the manner required to entitle a deed to be recorded." This acknowledgment standard is specific to New York and requires both parties to personally appear before a notary who verifies identity and witnesses the acknowledgment. Your attorney can walk you through the process.
New York does not have a mandatory waiting period like California's 7-day rule. However, courts may consider timing when evaluating voluntariness. An agreement presented days before the wedding may face greater scrutiny than one discussed months in advance. Your attorney can help you think through appropriate timing for your situation.
The 2025 JM v. GV decision significantly raised the bar for maintenance (spousal support) waivers in New York prenups. Courts now expect actual income figures at the time of signing, application of the DRL 236(B)(6) formula with concrete calculations showing what each party would receive under the statutory guidelines, and evidence that both parties understood what they were waiving. This makes proper legal representation especially important for couples who want to address maintenance in their agreement.
Without a prenup, a court would need to determine whether property is separate or marital. In New York, separate property can become commingled or subject to claims for "active appreciation." For example, if one partner owned a co-op before marriage but the other contributed to renovations or mortgage payments, the non-owner spouse may have a claim to a portion of the appreciation. A prenup can establish clear terms for how specific properties are treated.
Finance industry compensation creates unique characterization questions because bonuses, carried interest, and deferred compensation often straddle the marriage timeline. A bonus paid during the marriage but earned partly before may be partially marital property. Carried interest vesting over years adds further complexity. Your attorney can help structure provisions that address the timing and characterization of these compensation elements.
NYC prenup attorneys typically charge $350 to $800 per hour, with total costs ranging from $3,000 to $8,000 or more per person. For a couple with moderate-to-complex finances, the combined cost often reaches $6,000 to $16,000 or more. Neptune offers a flat fee of $5,000 per couple for two independent attorneys. No payment is required to start.
New York courts evaluate several factors: whether the agreement meets the statutory formalities (writing, signatures, acknowledgment), whether both parties had adequate financial disclosure, whether there was duress, fraud, or overreaching, and whether the terms are unconscionable. Courts may also consider whether each party had the opportunity to consult independent counsel and whether the agreement was executed well in advance of the wedding.
$5,000 flat fee per couple. No payment to start.
