Can a Prenuptial Agreement Be Reversed During a Divorce in New York?

By Heather Frances J.D.

New York prenuptial agreements, written contracts between spouses that are signed before they marry, aren’t always followed when a couple divorces. Even though your prenuptial agreement may say it governs the terms of your divorce, prenuptial agreements can be reversed under certain circumstances, such as when a divorce court finds the terms unfair to either spouse. If your prenuptial agreement is declared invalid, your divorce might be decided as if you never had one.

New York prenuptial agreements, written contracts between spouses that are signed before they marry, aren’t always followed when a couple divorces. Even though your prenuptial agreement may say it governs the terms of your divorce, prenuptial agreements can be reversed under certain circumstances, such as when a divorce court finds the terms unfair to either spouse. If your prenuptial agreement is declared invalid, your divorce might be decided as if you never had one.

Fairness

New York requires prenuptial agreements to comply with statutory formalities, including being in writing and signed by each spouse. Beyond these basic structural formalities, the agreement must also be fair to each spouse -- both at the time of signing and at the time of the divorce. If a New York court decides your prenuptial agreement is unconscionable -- wasn’t fair when you signed it or isn’t fair now -- it can declare your agreement invalid. If your agreement is invalid, the court may refuse to enforce some or all of its terms.

Ready to start your LLC? Start an LLC Online Now

Disclosure

Your prenuptial agreement might also be declared invalid if you or your spouse failed to disclose some of your assets before it was signed. New York courts don’t want to reward one spouse for hiding assets, or their full value, from the other spouse; a prenuptial agreement signed under such circumstances deprives innocent spouses of the opportunity to fully understand what they are signing. For example, if you thought your spouse had $200,000 in assets, you might be more likely to sign a prenuptial agreement waiving your right to your spouse's assets than if you had known the value of those assets was actually $2 million. Thus, if a New York court finds one spouse failed to disclose a large portion of his assets, this could invalidate the prenuptial agreement.

Third Parties

New York does not permit spouses to use their prenuptial agreement to sign away the rights of third parties, especially those of children. Thus, if your prenuptial agreement contains terms that alter child support or child custody, a court may remove such terms from the agreement. However, such terms are not likely to invalidate the entire agreement. For example, if your agreement states your spouse does not have to pay child support upon divorce, the court is likely to invalidate such terms, since child support belongs to the child not the parent, and leave the rest of your agreement intact.

Results of Reversal

If the court reverses your prenuptial agreement or certain terms of the agreement, New York law steps in to determine how the terms of your divorce will be decided. For example, if your entire agreement is deemed invalid, the court will evaluate specific factors set forth in New York law to divide your marital property. These factors include the income, age and health of you and your spouse and length of your marriage. New York courts must divide property equitably, which means the division must be fair but not necessarily equal.

Ready to start your LLC? Start an LLC Online Now
Can a Prenuptial Agreement Be Voided?

References

Related articles

Summary of a Property Settlement Agreement in a Dissolution

An uncontested divorce or dissolution is widely touted as the easiest and least expensive way to end your marriage. The exact process can differ by state, but it invariably requires that spouses agree to and sign a property settlement agreement. If you're unfamiliar with the term, it may be because the agreement is called something else in your state; your jurisdiction may refer to it as a marital settlement agreement, a separation agreement, or even a stipulated judgment after the terms are included in a court order. However, the rules are basically the same, no matter what you call it.

The Challenges to Prenuptial Agreements

You may have heard the expression that a check isn't worth the paper it's printed on if the signer doesn't have any money in his account to cover it. A similar premise can apply to prenuptial agreements. A prenup is a contractual agreement entered into between potential spouses prior to marriage, ironing out details of property ownership, inheritances and financial responsibilities in advance of the wedding. If an agreement doesn't meet the letter of the law in the state where it's entered into, it may be worthless.

Divorce When Your Spouse Owns Everything

If you live in a community property state, the law makes it almost impossible for your spouse to own everything. Half of every marital asset is yours, even if your name is not on the title. Community property states include Arizona, Idaho, Nevada, Texas, Wisconsin, Washington, New Mexico, Louisiana and California at the time of publication. Your spouse also does not necessarily own everything if you live in one of the 41 equitable distribution states. In these states, your share of marital property may be more or less than 50 percent; ultimately, it comes down to what a judge believes is fair.

LLCs, Corporations, Patents, Attorney Help

Related articles

New York State Divorce Laws on Prenuptial Agreements

Few couples enter into marriage expecting the marriage to fail, but prenuptial agreements are designed to protect both ...

Prenuptial Agreement in Hawaii

Planning your financial life with your spouse can begin before the wedding bells chime. You don't necessarily have to ...

Ohio's Prenuptial Agreement Laws

To prevent the distribution of your assets to a potential spouse if you later divorce, consider drafting a prenuptial ...

DIY Prenup in California

A prenuptial agreement is an agreement that outlines the property rights of a couple who intend to marry in the event ...

Browse by category