- New York is an equitable distribution state — courts divide assets based on fairness, not an automatic 50/50 split.
- Notarization is required for prenups in New York.
- Witnesses are recommended but not legally required.
- Full financial disclosure by both parties is required by law.
- New York has no mandatory waiting period, but signing at least 30 days before the wedding is recommended.
How New York classifies marital property
New York uses equitable distribution to divide marital property at divorce. Courts consider each spouse’s income, contributions to the marriage, length of the marriage, and other factors — but “equitable” doesn’t mean equal. A prenup lets you define your own division rules in advance, removing uncertainty about how a court might split your assets.
Understanding New York's equitable distribution system is critical because a prenup is essentially your opportunity to override these default rules. Without one, a judge decides what's "fair" based on subjective factors like each spouse's income, contributions, and future needs.
The legal framework: DRL § 236(B)(3)
Prenuptial agreements in New York are governed by DRL § 236(B)(3). While New York has not adopted the Uniform Premarital Agreement Act (UPAA), the state's statutes provide clear requirements for valid prenuptial agreements.
Signing requirements in New York
New York has specific requirements that must be met for a prenuptial agreement to be valid. Missing any of these can give a court grounds to throw out the entire agreement.
- **Written agreement** — Must be in writing — verbal prenups are not valid
- **Signed by both parties** — Both parties must sign voluntarily before the wedding
- **Notarization required** — Both parties must sign before a notary public — required by DRL § 236(B)(3)
- **Independent legal counsel (strongly recommended)** — New York courts heavily weigh whether each party had their own attorney — strongly affects enforceability
- **Full financial disclosure** — Both parties must disclose all assets, debts, and income — incomplete disclosure is the #1 reason prenups are invalidated
- **State-specific requirement** — Must be acknowledged in manner required to record a deed (notarized)
- **State-specific requirement** — Spousal support waivers require actual incomes and full DRL § 236(B)(6) statutory calculation per JM v. GV (2025 NY Slip Op 25004)
- **State-specific requirement** — Cannot leave spouse a public charge (GOL § 5-311)
- **State-specific requirement** — Maintenance income cap: $241,000 (eff. March 1, 2026, adjusted biennially per CPI-U)
- **State-specific requirement** — Self-support reserve: $21,546 (eff. March 1, 2026)
Spousal support in a New York prenup
New York allows spousal support modifications in prenups, but since JM v. GV (2025), any agreement that modifies maintenance must include both parties' actual income figures and a complete DRL § 236(B)(6) statutory calculation. Generic acknowledgment language is no longer sufficient. Clause auto-generates the required Exhibit D maintenance calculation for every New York prenup.
Key case law: JM v. GV (2025)
A Kings County court struck down a spousal maintenance waiver because it lacked actual income figures and a full DRL § 236(B)(6) statutory calculation. Generic acknowledgment language alone is insufficient to waive maintenance.
What this means for your prenup: Clause automatically generates Exhibit D with the required maintenance calculation for every New York prenup that modifies spousal support.
Sunset clauses and special provisions
New York courts will enforce sunset clauses — provisions that cause the prenup to expire after a set number of years. If you want the agreement to remain in effect indefinitely, make sure to exclude a sunset clause or explicitly state that the agreement has no expiration.
Build your New York prenup on Clause
Clause generates a legally valid, New York-specific prenuptial agreement starting at $549 — a fraction of the $5,000–$20,000 that traditional attorney-drafted prenups cost in New York. The Agreement Builder automatically handles New York's signing requirements, notarization rules, and financial disclosure obligations. Attorney review and online notarization are available as add-ons.
Clause is not a law firm and this article is not legal advice. For guidance specific to your situation, consult a licensed family law attorney in New York.