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Westchester, NY family law attorney Andrea B. Friedman talks about the situations in which a couple should consider a post nuptial agreement. She explains that a postnuptial agreement is essentially similar to a prenuptial agreement, with the key difference being that it is executed after the marriage. It must meet the same legal requirements as a prenup. Postnuptial agreements are often utilized when spouses wish to protect against the default rules under New York law. For example, in a second marriage—particularly when there are children from a prior marriage—a postnuptial can address issues such as inheritance rights, including New York’s “right of election,” which prevents a spouse from being completely disinherited. Similarly, postnuptial agreements can be used to safeguard business interests or other assets, allowing the couple to define financial arrangements in the event of divorce, just as they could with a prenuptial agreement.
