Prenuptial agreements are a valuable tool for Long Island couples, and one clause that’s often included in these contracts is an agreement to waive spousal maintenance in the event of divorce. However, it may not always be as straightforward as it seems, as illustrated by a 2025 court case in New York. Wondering if your prenup will hold up in court? It may be time to discuss your thoughts with a prenuptial agreement attorney on Long Island.
As a family law and prenuptial agreement lawyer, attorney Michael Meyers is dedicated to doing what is best for his clients, no matter how complex their case may be. His commitment to his clients and the practice of family law has led to a long list of professional recognitions and awards. Find out how our prenuptial agreement law firm on Long Island can help you now by calling us at 631-337-1977.
How New York Courts Evaluate Prenuptial Agreements
For a prenuptial agreement to be valid in New York, it has to meet very basic legal requirements. It must be in writing, signed by both parties, and properly acknowledged like a deed. However, courts also look at fairness, which is one area where prenuptial agreement attorneys can weigh in. They look at whether the prenup was fair at the time it was written and at the time that the couple divorces. A prenuptial agreement may appear fair at the time of signing, only for major life changes to make it significantly inequitable. Additionally, a waiver of spousal support is considered unconscionable if it would make the other party likely to become a public charge—even if that was not the case at the time the agreement was signed.
A “Case of First Impression” Explained
The 2025 case discussed by the New York State Bar Association is considered a case of first impression. A case of first impression refers to a court addressing an issue that it has not previously ruled on. In the case in question, the court was addressing the issue of whether or not a self-represented future spouse must be given presumptive spousal support calculations before waiving maintenance.
What Are Presumptive Maintenance Calculations?
In New York law, you’ll find a formula for calculating spousal maintenance. This creates consistency and predictability when these issues arise during divorce. Prenups can definitely override this formula, but it’s not uncommon for the court to use it as a benchmark.
In the context of the case of J.M. v G.V., it means actually showing a spouse-to-be what they would likely receive under New York law’s maintenance calculations. It means showing the individual what they are specifically giving up before allowing them to waive it in a prenuptial agreement. Showing them hard numbers is different than just telling them that they are waiving spousal support in the agreement they’re signing. The court’s findings in this case indicate that a prenuptial agreement lawyer needs to provide clear numbers based on the higher-earning party’s current income before the lower-earning party waives support.
When a Maintenance Waiver May Not Be Enforced
Knowing how New York calculates spousal support and how prenuptial agreements can be used to avoid spousal support awards, it’s also important to discuss when the court may not enforce spousal maintenance waivers:
- When a lack of spousal support means that one spouse will be unable to afford their basic needs
- When enforcing the waiver would make one spouse a public charge
- A severe and unexpected financial imbalance
- Significant life changes that occurred between the signing of the agreement and the enforcement of it
Why This Matters for Long Island Couples
This is particularly important for couples on Long Island because of the high cost of living here. It’s not uncommon for Long Island couples to have one high-earning spouse and one who earns less or takes care of the home. In these situations, knowing each party’s rights when it comes to spousal maintenance is critical. While there’s no real way to know if a currently enforceable agreement will become unenforceable down the line, providing presumptive maintenance numbers is a good first step in creating an agreement that will hold up in court.
Discuss Your Next Steps With Our Prenuptial Agreement Law Firm on Long Island
Whether you have your own assets to protect with a prenuptial agreement or you’re not sure how to protect your rights after being asked to sign one, the team at Petroske Riezenman & Meyers, P.C can give you the guidance and support you need. Call us at 631-337-1977 or 516-699-1989 to set up a consultation. You can also reach out online to have an attorney contact you.
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