No one marries expecting to divorce. However, if you are entering a marriage with complex assets, a prenuptial agreement can be a practical tool for proactive financial planning. For couples in Pittsford and the greater Rochester area, a prenuptial agreement may help clarify financial expectations before marriage. As a Pittsford prenuptial agreement attorney, Michelle Cimino helps clients prepare customized agreements designed to address their particular circumstances and comply with New York requirements.
What a Prenuptial Agreement Can Address
In New York, a prenuptial agreement can modify the default rules that would otherwise apply to property division in a divorce. It may also address spousal maintenance, often called alimony.
A carefully tailored agreement should reflect you and your future spouse’s actual financial circumstances rather than rely on a generic form. For couples with more complicated financial lives, a prenuptial agreement may address:
- Premarital real estate, including Pittsford homes that may appreciate during the marriage
- Separate investment accounts, retirement accounts, brokerage accounts, and trust assets
- Ownership, future growth, valuation, and potential division of a closely held business or other business interests
- Inheritances or anticipated gifts, including how funds may be treated if they are commingled with marital funds or used to acquire marital property
- Debt allocation, including student loans, business liabilities, and existing mortgages
- Spousal maintenance, including terms for support after divorce, subject to New York law and court review
A prenuptial agreement generally cannot make binding decisions about child custody or child support. New York courts evaluate those matters based on the child’s best interests.
Preparing an Enforceable Agreement
Preparing a prenuptial agreement carefully and fairly increases the chances it is enforceable under New York’s Domestic Relations Law. To help strengthen the agreement’s enforceability, both parties should make full and fair financial disclosures. They should also have meaningful time to review and negotiate the proposed terms and sign voluntarily.
Each person should be given the chance to get legal advice from separate lawyers. While not legally required, separate attorneys can help show that each party understood the agreement and the consequences of signing.
In New York, a prenuptial agreement must be in writing and signed by both parties. It must also be properly acknowledged by a notary.
These protections exist because a prenup essentially waives or modifies important marital rights. If one spouse claims they were pressured to sign or that the other spouse was hiding assets, a court may review the situation. Depending on the facts, the court could decline to enforce all or part of the agreement.
Meet Michelle Cimino: Award-Winning Prenuptial Agreement Attorney in Pittsford
Working with a local prenuptial agreement attorney can help you identify the financial issues you should address before marriage. They can guide you through the prenuptial agreement process and help prepare an agreement tailored to your circumstances.
Michelle Cimino is an experienced prenuptial agreement attorney in Pittsford with nearly three decades of experience helping couples draft agreements designed to meet New York’s requirements. She helps clients identify and address important financial considerations before marriage. This includes property ownership, business interests, debts, anticipated inheritances, and spousal maintenance concerns. The National Trial Lawyers named her one of the Top 30 Matrimonial and Family Trial Lawyers, recognizing her commitment to family law.
As a compassionate attorney, Michelle provides individualized, confidential guidance and careful preparation throughout the process. She can explain the proposed agreement, coordinate with each party’s independent counsel where appropriate, and help ensure that the document is properly executed.
Schedule a Confidential Consultation With a Prenuptial Agreement Attorney in Pittsford
If you are preparing for marriage and have complex assets, a business interest, significant debts, or other financial considerations, a prenuptial agreement attorney can help you prepare an agreement tailored to your needs. If you’re looking for a prenuptial agreement lawyer who works with Pittsford couples, contact Michelle Cimino.
Michelle is ready to help you make proactive decisions about your financial future. Contact her to schedule a confidential consultation about a prenuptial agreement in Pittsford or the greater Rochester area.
