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New York Prenuptial Agreement

Online Prenup in New York

Create a legally sound New York prenuptial agreement online. State-specific document covering equitable distribution rules, signing requirements, and DRL § 236(B)(3).

Property System
Equitable Distribution
Signing Timeline
30+ days recommended
Notarization
Required
Witnesses
Not required
New York spousal support waivers require a full income calculation

Since JM v. GV (2025), any New York prenup that modifies maintenance must include both parties’ actual incomes and the complete DRL § 236(B)(6) statutory calculation. Generic waiver language is no longer sufficient. Clause auto-generates the required Exhibit D calculation for every New York prenup.

How New York Divides 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.

How Clause Helps

Your Clause prenup explicitly defines which property is separate and which is marital, overriding New York's default equitable distribution rules with terms you both agree on.

New York Signing Requirements

Written agreementMust be in writing — verbal prenups are not valid
Clause handles this
Signed by both partiesBoth parties must sign voluntarily before the wedding
Clause handles this
Notarization requiredBoth parties must sign before a notary public — required by DRL § 236(B)(3)
Clause handles this
Independent legal counsel (strongly recommended)New York courts heavily weigh whether each party had their own attorney — strongly affects enforceability
Clause handles this
Full financial disclosureBoth parties must disclose all assets, debts, and income — incomplete disclosure is the #1 reason prenups are invalidated
Clause handles this
State-specific requirementMust be acknowledged in manner required to record a deed (notarized)
Clause handles this
State-specific requirementSpousal support waivers require actual incomes and full DRL § 236(B)(6) statutory calculation per JM v. GV (2025 NY Slip Op 25004)
Clause handles this
State-specific requirementCannot leave spouse a public charge (GOL § 5-311)
Clause handles this
State-specific requirementMaintenance income cap: $241,000 (eff. March 1, 2026, adjusted biennially per CPI-U)
Clause handles this
State-specific requirementSelf-support reserve: $21,546 (eff. March 1, 2026)
Clause handles this

Key New York 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.

Clause automatically generates Exhibit D with the required maintenance calculation for every New York prenup that modifies spousal support.

Prenup Cost in New York

Attorney-drafted prenups typically cost $5,000 to $20,000 combined. Here's how Clause compares:

MethodCostTimelineIncludes
Traditional attorneys (both spouses)
$5,000 – $20,0004–8 weeksDrafting, negotiation, revisions
Single attorney + review
$2,500 – $7,0002–4 weeksOne attorney drafts, other reviews
Clause Essential
$549Same dayAgreement Builder, state-specific document, notarized signing support
Clause ComprehensiveBest Value
$699Same dayEssential + all optional clauses, unlimited revisions
Clause + 1 Attorney Review + Notary
$1,3983–5 daysComprehensive + one attorney review + notarization
Clause + 2 Attorney Reviews + Notary
$2,0973–5 daysComprehensive + both spouses reviewed + notarization

New York Prenup FAQ

Yes. New York courts enforce prenups that are properly executed under DRL § 236(B)(3). Courts examine whether the agreement was voluntary, whether both parties had access to the other’s financial information, and whether any terms were unconscionable at the time of signing.

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Ready to create your New York prenup?

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Starting at $549 · Takes 15–25 minutes