Flat-fee postnuptial agreement drafting and review for couples already married. Address property, business interests, spousal support arrangements, and inheritance considerations through a written agreement signed during the marriage.
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A postnuptial agreement is functionally similar to a prenuptial agreement — a contract between spouses addressing what would happen financially if the marriage ends — but signed during the marriage rather than before it. The structural framework is similar: identification of separate vs. marital property, spousal support provisions, business interest protections, inheritance considerations, and other financial arrangements specific to the couple.
The reasons couples sign postnups vary, and the situations that bring couples to consider one are often more specific than what brings couples to a prenup. Common patterns: a couple who didn't sign a prenup but now wants the protection one would have provided (often after a major financial change — one spouse starting a business, receiving an inheritance, or having a substantial career change); a couple who has worked through a difficult patch and wants to formalize new financial expectations as part of moving forward; a couple where one spouse is leaving the workforce and they want to address how that affects the financial framework; a couple where one spouse is taking on significant career risk (starting a business, taking a substantial pay cut for opportunity) and they want to protect the family's financial position. Some couples also use postnups to amend an existing prenup as life circumstances change.
Postnups have one structural difference from prenups that matters. Prenups have the leverage of being signed before marriage — either party can decline to sign and not get married. Postnups are signed by parties who are already married, and either spouse declining to sign doesn't carry the same leverage. NY courts review postnups carefully for fairness, with particular attention to whether both parties had independent counsel, whether full financial disclosure occurred, and whether the agreement is so unfair that it shouldn't be enforced. Properly drafted postnups with these protections in place are enforceable; sloppy or one-sided postnups face higher challenge risk than equivalent prenups would.
Postnups are usually driven by something specific — a career change, a business situation, an inheritance, a difficult patch the couple has worked through, or a recognition that the existing default rules don't fit the relationship. Understanding what's prompting the agreement shapes the agreement substantially. We have this conversation honestly because the prompting situation often suggests what the agreement actually needs to do.
Both spouses make full written disclosure of assets, debts, income, and financial expectations. As with prenups, NY law requires full disclosure for postnups to be enforceable. The disclosure for postnups is often more substantial than for prenups because married couples have typically accumulated more shared financial complexity than couples about to marry. We work through the disclosure carefully because gaps later create challenge risk.
The agreement reflects what the couple has agreed and complies with NY's requirements for enforceable marital agreements. Common provisions: characterization of property (what's separate, what's marital, how appreciation is treated), spousal support arrangements, business interest protections, inheritance and estate considerations, debt allocation, and provisions for what happens if either spouse dies. Postnups can also amend or replace existing prenuptial agreements.
For postnups, independent counsel for both spouses is even more important than for prenups. NY courts review postnups carefully for fairness, and the strongest indicator of fairness is that both parties had independent attorneys representing their interests. Single-attorney postnups face substantial challenge risk if ever tested. We work with the other spouse's chosen counsel during the process — answering questions, addressing proposed modifications, reaching final agreement.
Both spouses sign the agreement with notarization. There's no equivalent to the prenup's pre-wedding timing concern — postnups don't have the same duress framing — but careful execution still matters. Both spouses signing voluntarily, with adequate time to consider, with their attorneys having reviewed, and without external pressure all support enforceability.
Postnups, like prenups, can be amended over time as the parties' circumstances change. Subsequent amendments follow the same procedural framework — mutual agreement, disclosure, and proper execution. Some couples revisit their marital agreement every several years; others sign once and don't revisit unless something major changes.
Postnup drafting prices as a flat fee set in writing before any work begins. Pricing scales similarly to prenups — straightforward situations price predictably; substantial assets, business interests, or complex provisions price higher. Postnups that amend existing prenuptial agreements or other prior agreements involve some additional review work that's reflected in the quote.
As with prenups, single-attorney postnups (one attorney representing both spouses) are not appropriate due to the conflict of interest and the resulting enforceability risk. We represent one spouse; the other spouse engages their own counsel.
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Properly drafted postnups with both spouses having independent counsel and full financial disclosure are enforceable in NY. The enforcement standard is similar to prenups — courts look at whether both parties had counsel, whether disclosure was full, whether the agreement is substantively fair, and whether execution was voluntary. Sloppy or one-sided postnups face higher challenge risk than equivalent prenups because of the structural differences (no pre-marriage leverage equivalent), but well-drafted postnups hold up. The drafting and procedural quality matters more for postnups than for prenups.
Various reasons. Couples who didn't sign a prenup but want similar protection now (often after a major financial change). Couples working through difficult periods who want to formalize a new financial framework as part of rebuilding. Couples where one spouse is taking substantial career risk (starting a business, leaving the workforce, taking a pay cut for opportunity). Couples wanting to amend or replace an existing prenup as circumstances have changed. Couples wanting to address inheritance protection after one spouse receives or expects substantial inheritance.
Yes. Common postnup use case. The agreement can establish that the business and its future appreciation is the founding spouse's separate property, with appropriate treatment of any marital contributions to the business (capital, work, customer relationships brought from prior employment). The structure protects the business from being treated as fully marital property in a future divorce. Business-related postnups often interact with the business's operating agreement or shareholder agreements; we coordinate these documents.
Postnups require mutual agreement. If one spouse doesn't want to sign, the agreement doesn't happen. The conversation about whether to have a postnup sometimes surfaces underlying issues that the couple needs to work through — about expectations, finances, or the relationship itself. Some couples find that the conversation is more useful than the agreement; some find that the impasse points to issues that warrant counseling or other support before legal documents.
Generally no. NY courts don't enforce 'lifestyle clauses' or behavioral provisions in marital agreements — provisions tying financial outcomes to conduct during the marriage (penalties for affairs, requirements for behavior, etc.). The unenforceable provisions can also taint the rest of the agreement, so we don't include them in postnups we draft. Behavioral and relationship issues are typically better addressed through other means (counseling, separation, divorce) than through marital agreements.
To some extent. Postnups can address property division, spousal support, and business protection in advance — these provisions are enforceable if properly drafted. They cannot address child custody or child support, which are determined at the time of divorce based on the children's best interests. They also cannot bind the court to an outcome that's substantively unfair at the time of divorce — the court reviews fairness at enforcement, not just at signing. Most well-drafted postnups effectively pre-determine the financial framework for divorce while leaving custody and support to be determined later.
Flat fee set in writing before any work begins. Straightforward situations price predictably; substantial assets and business interests price higher. Get a free quote in under an hour by submitting the contact form.
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