Prenuptial & Postnuptial Agreement Lawyer

Protect Your Assets, Clarify Financial Expectations and Plan for the Future

Marriage creates important legal and financial rights.

A carefully prepared prenuptial or postnuptial agreement can help you and your future or current spouse decide in advance how property, income, businesses, debt and certain financial obligations will be handled rather than leaving those questions entirely to state law or future litigation.

At The Law Offices of Jeffrey N. Markowicz, I represent individuals in prenuptial and postnuptial agreement matters throughout New York, Washington, D.C., and Maryland.

I have more than 25 years of legal experience handling divorce, high net worth matrimonial matters, property disputes, and other complex family law issues. This experience gives me a valuable perspective when drafting an agreement because I understand the disputes that can arise years later when financial terms are unclear, incomplete or poorly documented.

Whether you are preparing for marriage, already married and considering a postnuptial agreement, or being asked to sign an agreement prepared by your partner’s attorney, I can help you understand the legal and financial consequences.

Schedule a confidential consultation with me to discuss your prenuptial or postnuptial agreement.

What Is a Prenuptial Agreement?

A prenuptial agreement, commonly called a prenup, is a written agreement entered into before marriage that establishes certain financial rights and obligations between future spouses.

A prenup may address issues such as:

• Property owned before marriage
• Property acquired during marriage
• Business interests
• Investment accounts
• Real estate
• Retirement assets
• Inheritances
• Gifts
• Marital and separate debt
• Spousal support
• Estate planning obligations
• Life insurance
• Financial responsibilities during marriage
• Distribution of property if the marriage ends

A prenuptial agreement does not mean that you and your partner expect the marriage to fail.

For many couples, the process is simply a form of financial planning.

It requires both people to discuss assets, liabilities and expectations before entering into marriage.

What Is a Postnuptial Agreement?

A postnuptial agreement, sometimes called a postnup, is an agreement entered into after the parties are already married.

Like a prenup, a postnuptial agreement may establish rights and responsibilities concerning property and finances.

You and your spouse may consider a postnuptial agreement after:

• Starting or acquiring a business
• Receiving a significant inheritance
• Acquiring substantial property
• Experiencing a major change in wealth
• Changing careers
• Restructuring family finances
• Revisiting estate planning
• Moving to another state
• Reconciling after marital difficulties
• Determining that greater financial clarity would benefit the marriage

Because the parties are already married, the legal analysis of a postnuptial agreement can differ from that of a prenup.

The timing, circumstances surrounding execution, financial disclosure and fairness of the agreement can become important if its enforceability is later challenged.

Prenuptial Agreement vs. Postnuptial Agreement

The primary difference is timing.

Prenuptial Agreement

A prenup is signed before marriage and generally becomes effective when the marriage occurs.

Postnuptial Agreement

A postnup is entered into after the marriage has already begun.

Both may address many of the same financial issues, but different legal requirements or enforceability considerations may apply.

If you are already married, do not assume that it is too late to establish a financial agreement.

I can evaluate whether a postnuptial agreement fits your circumstances.

Who Should Consider a Prenuptial Agreement?

Prenuptial agreements are not only for celebrities or extremely wealthy couples.

They can be useful whenever either person wants greater financial certainty.

You may want to consider a prenup if:

• You own a business
• You have substantial assets
• You own real estate
• You have significant investment accounts
• You expect an inheritance
• You have children from a previous relationship
• You have substantial retirement assets
• You earn significantly more than your future spouse
• Your future spouse earns significantly more than you
• One of you has substantial debt
• You expect your wealth to increase significantly
• You own intellectual property
• You have family-owned assets
• This is a second or subsequent marriage

A prenup’s value isn’t determined solely by current net worth.

Future income, business growth, appreciation of property and changing financial circumstances can make advance planning valuable even when your current finances appear relatively straightforward.

High Net Worth Prenuptial Agreements

For high net worth individuals, a prenuptial agreement can be an important part of broader financial planning.

Substantial wealth often involves assets that are more complicated than ordinary bank accounts.

A high net worth prenup may need to address:

• Closely held businesses
• Professional practices
• Partnerships
• LLC interests
• Investment portfolios
• Commercial real estate
• Multiple residences
• Family wealth
• Trust interests
• Inheritances
• Stock options
• Restricted stock units
• Deferred compensation
• Retirement accounts
• Intellectual property
• Cryptocurrency
• International assets

A sophisticated agreement should address not only who owns an asset today, but also what happens if that asset appreciates, generates income, changes form or becomes mixed with marital property.

Learn more about High Net Worth Divorce.

Prenuptial Agreements for Business Owners

Business owners face unique concerns when entering marriage.

A company may have been created before the marriage but increase substantially in value afterward.

A spouse may become involved in the business.

Marital funds may be invested into the company.

Business income may support the household.

Without advance planning, these circumstances can create significant disputes if the couple divorces.

A prenuptial agreement may address:

• Existing business ownership
• Future appreciation
• Business income
• Distributions
• Ownership of newly formed companies
• Whether a spouse acquires any interest
• Valuation procedures
• Buyout provisions
• Treatment of business debt
• Protection of other owners or partners

For entrepreneurs, protecting business continuity may be as important as protecting personal wealth.

Protecting Premarital Property

One of the most common reasons for creating a prenup is to establish how property owned before marriage will be treated.

Premarital assets may include:

• Homes
• Investment properties
• Brokerage accounts
• Retirement accounts
• Businesses
• Family assets
• Valuable personal property
• Intellectual property

Even when an asset begins as separate property, complications can arise later.

For example:

• Marital funds may be used to improve a premarital home.
• A spouse may contribute to the growth of a business.
• Separate money may be deposited into a joint account.
• An investment may substantially increase in value.
• A spouse may sell property and use the proceeds to purchase another asset.

A well-drafted agreement can establish rules for handling these situations before a dispute arises.

Protecting an Inheritance

Inheritances can create complicated financial issues during marriage.

A prenuptial or postnuptial agreement can help establish how inherited property will be treated and whether it should remain separate from other family assets.

The agreement may address:

• Cash inheritances
• Investment accounts
• Family businesses
• Real estate
• Trust distributions
• Family-owned property
• Future inheritances

This may be especially important when parents or grandparents are engaged in estate planning and want assets to remain within a particular family line.

Real Estate and Prenuptial Agreements

Real estate is frequently one of the largest assets involved in a marriage.

An agreement may address:

• A home owned before marriage
• The marital residence
• Vacation homes
• Rental properties
• Commercial real estate
• Property owned through LLCs
• Mortgage payments
• Property improvements
• Appreciation
• Sale proceeds

For example, one person may own the marital residence before the wedding while both spouses plan to contribute toward mortgage payments or improvements after marriage.

Without clear terms, disputes can arise later regarding ownership and appreciation.

A prenup can establish expectations before those contributions begin.

Retirement Accounts and Prenups

Retirement assets can become extremely valuable over a long marriage.

A prenuptial agreement may address:

• 401(k) accounts
• IRAs
• Pension benefits
• Deferred compensation
• Other retirement plans

The agreement may distinguish between assets accumulated before marriage and future contributions.

Because retirement plans can also be governed by federal law and plan-specific requirements, additional documents or procedures may sometimes be necessary.

Stock Options, RSUs and Executive Compensation

Executives and high-income professionals often receive compensation beyond a traditional salary.

That compensation may include:

• Restricted stock units
• Stock options
• Performance shares
• Deferred compensation
• Bonuses
• Carried interests
• Partnership interests

A prenuptial agreement may establish how existing and future equity compensation will be treated.

This can be particularly important because an award may be granted at one point, vest over several years and ultimately be paid much later.

Clear language can reduce disputes regarding how those assets should be characterized if the marriage ends.

Debt and Prenuptial Agreements

Prenups can address liabilities as well as assets.

One or both future spouses may enter marriage with:

• Student loans
• Credit card debt
• Business loans
• Tax obligations
• Mortgages
• Personal guarantees
• Other financial liabilities

An agreement may establish responsibility between the spouses for existing or future debts.

However, an agreement between spouses does not necessarily change a creditor’s independent contractual rights against someone who signed a loan or guarantee.

Spousal Support and Alimony

Prenuptial and postnuptial agreements may address spousal support, maintenance or alimony, subject to the laws of the jurisdiction.

You and your partner may agree to:

• Establish support
• Limit support
• Define duration
• Establish formulas
• Waive certain support rights
• Set conditions affecting support

These provisions require careful drafting.

A support provision that appears reasonable before marriage may have significant consequences many years later.

Both parties should understand what rights they may be giving up before signing.

Can a Prenup Decide Child Custody?

Parents should not assume that they can permanently determine future child custody through a prenuptial agreement.

Custody decisions ultimately involve the best interests of the child and remain subject to the authority of the court.

You and your partner may discuss expectations regarding future parenting, but an agreement between adults cannot necessarily prevent a court from later entering a different custody arrangement when required by law.

Learn more about Child Custody.

Can a Prenup Determine Child Support?

Child support is also different from ordinary contractual financial rights between spouses.

Parents generally cannot use a prenuptial agreement to eliminate a child’s right to appropriate support.

Courts retain authority over child support under the laws of the applicable jurisdiction.

You and your partner should therefore avoid treating child support as simply another marital asset that can be waived in advance.

Learn more about Child Support.

Financial Disclosure in a Prenuptial Agreement

Financial transparency is an important part of preparing a strong marital agreement.

Each person should generally understand the other party’s significant:

• Assets
• Income
• Businesses
• Real estate
• Investments
• Retirement accounts
• Debts
• Financial obligations

Disclosure helps both parties make informed decisions.

It also reduces the likelihood that someone will later argue that the agreement was signed without adequate knowledge of the other party’s finances.

For high net worth couples, financial schedules may need to be detailed.

Why Both Parties Should Have Their Own Lawyers

I represent one party in a prenuptial or postnuptial agreement.

I do not represent both spouses.

This distinction is important.

The two people entering a marital agreement have potentially different legal and financial interests.

Independent attorneys can help ensure that each person:

• Understands the agreement
• Understands the rights being retained or waived
• Has an opportunity to negotiate
• Receives individualized legal advice
• Can make an informed decision before signing

If your future spouse’s attorney drafted the agreement, I can represent you in reviewing and negotiating it.

If I draft the agreement for you, your future spouse should consider obtaining independent counsel.

When Should You Start Preparing a Prenup?

Do not wait until the wedding is days away.

Ideally, discuss and negotiate a prenup well before the wedding.

Starting early allows time for:

• Financial disclosure
• Attorney review
• Negotiation
• Revisions
• Independent legal advice
• Thoughtful decision-making

Rushing an agreement immediately before the wedding can create unnecessary pressure and may contribute to later disputes over whether the agreement was entered voluntarily.

The sooner you begin the process, the more opportunity both parties have to evaluate the agreement carefully.

Negotiating a Prenup Without Damaging the Relationship

Talking about a prenuptial agreement can feel uncomfortable.

The conversation does not have to begin with the assumption that the marriage will end.

Instead, you and your partner can treat the process as an opportunity to discuss:

• Current assets
• Current debt
• Financial goals
• Business interests
• Spending
• Saving
• Estate planning
• Expectations regarding property
• Responsibilities during marriage

Many financial disputes arise because couples never clearly discussed their expectations.

A well-handled prenuptial process can create clarity before marriage rather than conflict afterward.

Reviewing a Prenup Prepared by Your Future Spouse’s Attorney

You should not sign a prenuptial agreement simply because your future spouse’s attorney prepared it.

That attorney represents your future spouse, not you.

Before signing, I can review issues including:

• Property rights
• Spousal support
• Business interests
• Real estate
• Retirement assets
• Financial disclosure
• Estate rights
• Debt
• Waivers
• Choice-of-law provisions
• Events that trigger particular terms

I can also identify provisions that may need clarification or negotiation.

Once the agreement is signed and the marriage occurs, challenging the agreement later may be substantially more difficult than negotiating appropriate terms beforehand.

Modifying an Existing Prenuptial Agreement

Financial circumstances can change substantially during marriage.

You and your spouse may decide that an existing prenup no longer reflects your intentions.

Depending on the jurisdiction and circumstances, spouses may be able to amend or replace portions of an existing agreement through a properly executed written agreement.

Reasons for modification may include:

• Birth of children
• Significant increase in wealth
• Sale of a business
• Creation of a new business
• Inheritance
• Career changes
• Relocation
• Changes in estate planning
• Acquisition of significant property

Handle any amendment with the same care as the original agreement.

Challenging a Prenuptial or Postnuptial Agreement

Marital agreements are not automatically enforceable simply because they have been signed.

Depending on the jurisdiction and circumstances, challenges may involve allegations concerning:

• Fraud
• Duress
• Coercion
• Undue influence
• Inadequate financial disclosure
• Failure to follow required formalities
• Unconscionability
• Ambiguous language
• Other contract or family law issues

The legal standards differ between New York, Washington, D.C. and Maryland.

I represent clients in divorce matters involving the interpretation, enforcement and potential challenge of marital agreements.

Prenuptial Agreements During Divorce

When a marriage involving a prenup ends, one of the first steps should be a careful review of the agreement.

The document may substantially affect:

• Property division
• Separate property
• Businesses
• Real estate
• Spousal support
• Retirement assets
• Estate-related rights
• Other financial obligations

Disputes may also arise concerning what the agreement actually means.

Ambiguous provisions can create litigation even when both parties agree that the document itself is valid.

My divorce and litigation experience is especially useful when a marital agreement becomes central to a contested divorce.

Learn more about Divorce & Matrimonial Law.

Prenuptial Agreements and Estate Planning

Marriage creates rights that can affect estate planning.

A prenuptial agreement may coordinate with:

• Wills
• Trusts
• Life insurance
• Beneficiary designations
• Family businesses
• Inheritance planning

For individuals entering a second marriage, these issues can be particularly important.

You may want to provide for a new spouse while also preserving particular assets for children from a previous relationship.

Coordinate the marital agreement and estate plan rather than creating them independently without considering how they interact.

Second Marriages and Prenuptial Agreements

Prenups can be particularly useful in second and subsequent marriages.

Someone entering a later marriage may already have:

• Children
• A home
• Retirement savings
• Business interests
• Estate planning documents
• Financial responsibilities from a prior relationship

A prenuptial agreement can establish expectations regarding property while helping preserve assets intended for children or other beneficiaries.

This can reduce uncertainty for both spouses and their families.

New York Prenuptial & Postnuptial Agreement Lawyer

I have been licensed to practice law in New York since 2007 and represent clients in prenuptial and postnuptial agreement matters.

New York recognizes agreements entered into both before and during marriage when statutory requirements are satisfied.

A New York marital agreement may address issues including:

• Ownership of separate and marital property
• Division of property
• Maintenance
• Estate-related provisions
• Other financial rights

New York imposes specific execution requirements on marital agreements.

The agreement must be carefully prepared and properly executed if the parties expect it to be enforceable later.

New York courts may also examine challenges involving issues such as fraud, duress, overreaching and unconscionability.

For individuals with substantial assets or businesses, the drafting process should also carefully address appreciation, commingling and future acquisitions.

New York Office
1 Liberty Street
Suite 2327
New York, NY 10006

917-618-4047

Washington, D.C. Prenuptial Agreement Lawyer

I have been licensed in the District of Columbia since 2001 and represent clients in marital agreement matters throughout Washington, D.C.

D.C. has adopted a statutory framework governing premarital agreements.

A D.C. premarital agreement can address financial issues including:

• Property rights
• Management and control of property
• Distribution of property
• Spousal support
• Wills and trusts
• Life insurance
• Choice of governing law
• Other lawful financial matters

D.C. requires a premarital agreement to be written and signed.

The agreement becomes effective upon marriage.

A premarital agreement may also be amended or revoked after marriage through a signed written agreement.

Enforceability can become an issue when a party alleges that the agreement was not entered into voluntarily or raises concerns involving unconscionability and financial disclosure.

I can help you draft, review and negotiate agreements with these requirements in mind.

Washington, D.C. Office
700 12th Street NW
Suite 700
Washington, D.C. 20005

202-262-0646

Maryland Prenuptial & Postnuptial Agreement Lawyer

I have been licensed to practice law in Maryland since 1999 and represent clients in prenuptial and postnuptial agreement matters throughout Maryland.

Maryland recognizes marital agreements addressing financial and property rights.

Agreements may affect issues involving:

• Property
• Alimony
• Financial rights
• Business interests
• Assets acquired during marriage
• Other marital financial arrangements

Maryland also recognizes postnuptial agreements between spouses.

As with any significant marital contract, the circumstances surrounding negotiation and execution can become important if the agreement is later challenged.

Issues involving fraud, duress, undue influence, unconscionability and the parties’ financial circumstances may become relevant depending on the facts.

I help Maryland clients structure agreements designed to clearly document their financial intentions and reduce uncertainty if divorce or another significant event occurs later.

Prenuptial Agreements Across Multiple States

Couples today often have connections to more than one jurisdiction.

For example:

• You live in Washington, D.C. but plan to move to Maryland.
• You own real estate in New York and Maryland.
• Your business is headquartered in another state.
• You expect to relocate during the marriage.
• You and your future spouse currently live in different jurisdictions.

These circumstances can make choice-of-law provisions and multistate planning important.

A prenup should consider not only where you live when you sign the agreement, but also where the marriage and assets may have connections in the future.

Because I am admitted to practice in New York, Washington, D.C., and Maryland, I can be particularly helpful to couples whose finances and lives cross jurisdictional boundaries.

What Documents Should You Gather for a Prenup?

Preparing financial information early can make the process more efficient.

Useful documents may include:

• Recent tax returns
• Bank statements
• Investment statements
• Retirement account statements
• Property deeds
• Mortgage statements
• Business ownership documents
• Business financial statements
• Partnership agreements
• Stock compensation documents
• Trust information
• Loan documents
• Information concerning significant debts
• Existing estate planning documents

High net worth individuals may require more detailed financial schedules depending on the complexity of their holdings.

Why Choose Me for a Prenuptial or Postnuptial Agreement?

More Than 25 Years of Legal Experience

I have practiced law since 1999 and have extensive experience handling matrimonial, divorce and other family law matters.

Divorce Experience Informs Prenup Drafting

A strong prenuptial agreement should anticipate the disputes that may arise if a marriage ends.

My divorce practice gives me practical experience with property division, business ownership, separate-property claims, spousal support and other issues that marital agreements are designed to address.

High Net Worth and Complex Financial Experience

I represent clients in matrimonial matters involving substantial assets, businesses, real estate, investments and complex compensation.

That experience is particularly valuable when a prenup must address more than straightforward personal property.

Licensed in New York, Washington, D.C. and Maryland

I have been licensed in:

• Maryland since 1999
• Washington, D.C. since 2001
• New York since 2007

My multijurisdictional practice can be especially useful for clients whose homes, businesses or other assets cross state lines.

Representation Focused on Your Interests

I represent one party to the agreement.

My job is to identify the legal and financial issues that matter to you, explain the consequences of proposed provisions and negotiate terms designed to protect your interests.

Direct Attorney Involvement

You work directly with me throughout the process.

A prenuptial or postnuptial agreement can affect significant rights for decades. It deserves individualized attention.

Frequently Asked Questions About Prenuptial & Postnuptial Agreements

What is a prenuptial agreement?

A prenuptial agreement is a contract entered into before marriage that establishes certain financial rights and obligations between future spouses.

What is a postnuptial agreement?

A postnuptial agreement is a marital agreement entered into after the parties are already married.

Is a prenup only for wealthy people?

No. Prenups can be useful for people who own businesses, property or investments, have significant debt, expect inheritances or simply want greater certainty regarding finances.

Can a prenup protect my business?

A prenup can address ownership of a business and how business interests, appreciation, income and related financial issues will be treated.

Can a prenup protect an inheritance?

A prenup may establish how inherited assets will be treated and help clarify the parties’ intentions regarding those assets.

Can a prenup protect property I owned before marriage?

Yes. One common purpose of a prenup is to document and establish how premarital property should be treated.

Can a prenup address property acquired after marriage?

Potentially. Agreements can address future assets and how particular categories of property will be treated.

Can a prenup waive alimony?

A marital agreement may address spousal support, subject to the jurisdiction’s laws and potential enforceability limits.

Can a prenup determine child custody?

Parents generally cannot permanently remove the court’s authority to determine custody based on the child’s best interests.

Can parents waive child support in a prenup?

Child support rights are subject to court oversight and applicable law. A marital agreement cannot simply eliminate a child’s legal right to appropriate support.

Should both people have separate lawyers?

Separate legal representation is strongly advisable because each party has individual legal and financial interests. I represent only one party to a prenuptial or postnuptial agreement.

Can my fiancé’s lawyer represent both of us?

An attorney representing your fiancé should not be treated as your attorney. You should consider obtaining independent legal advice before signing.

How far before the wedding should we sign a prenup?

It is better to begin the process well before the wedding so both parties have adequate time for disclosure, review, negotiation and independent advice.

Can we create a prenup after we are already married?

You may be able to enter into a postnuptial agreement after marriage, although different legal considerations can apply.

Can a prenuptial agreement be changed after marriage?

Potentially. Depending on the jurisdiction, spouses may amend or replace an agreement through a properly executed subsequent agreement.

Can a prenup be challenged?

Yes. The grounds and standards differ by jurisdiction, but disputes may involve voluntariness, fraud, duress, disclosure, unconscionability, execution formalities or interpretation.

What happens to a prenup during divorce?

Review the agreement early in the divorce. Its terms may significantly affect property division, support and other financial rights.

Can a prenup address what happens when a spouse dies?

Yes. Marital agreements may coordinate certain estate and inheritance rights, but they should be developed alongside appropriate estate planning.

Are postnuptial agreements enforceable?

They can be, subject to the jurisdiction’s requirements and legal standards and the circumstances under which the agreement was created.

Does Jeffrey Markowicz prepare prenups in New York, Washington, D.C. and Maryland?

Yes. I represent clients in prenuptial, postnuptial and other family law matters throughout all three jurisdictions.

Speak With a Prenuptial & Postnuptial Agreement Lawyer

A prenuptial or postnuptial agreement is ultimately about clarity.

It lets you decide how to handle important financial issues while you can discuss them thoughtfully, rather than waiting until a dispute occurs.

I represent clients in prenuptial and postnuptial agreement matters throughout New York, Washington, D.C., and Maryland.

Whether you need an agreement drafted, have been asked to sign an agreement prepared by your future spouse or want to revisit financial arrangements after marriage, I will work directly with you to understand your circumstances and protect your interests.

Schedule a Confidential Consultation

Washington, D.C. & Maryland: 202-972-2701
New York: 917-791-4157markowiczlaw.com/contact

Contact me today to discuss your prenuptial or postnuptial agreement.