New York Prenuptial Agreement Laws: Requirements and Limits (2026)

A prenuptial agreement can be enforced in New York if it meets the formal requirements of Domestic Relations Law (DRL) section 236(B)(3): it must be in writing, signed by both parties, and "acknowledged or proven in the manner required to entitle a deed to be recorded." New York applies its own statute here, and a missed acknowledgment can make the whole agreement unenforceable.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital and marital agreements under New York Domestic Relations Law 236(B)(3) and 250, General Obligations Law 5-311, and Estates, Powers and Trusts Law 5-1.1-A(e). It does not cover separation agreements in depth, case-law standards for fraud, duress or overreaching, choice-of-law questions, or other states' law. It is information only and does not provide drafting language.

Is a prenup enforceable in New York?

Yes, if it satisfies DRL 236(B)(3). The statute provides: "An agreement by the parties, made before or during the marriage, shall be valid and enforceable in a matrimonial action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded."

New York sets these rules in its own statute rather than in a uniform act. The DRL 236 text reviewed for this article contains no short title for the Uniform Premarital Agreement Act or the Uniform Premarital and Marital Agreements Act.

Formal requirements for a New York prenuptial agreement

DRL 236(B)(3) sets three formal requirements:

The acknowledgment requirement goes beyond a signature. It ties the agreement to the formalities New York uses for recording a deed.

The statute adds a convenience for couples about to marry: "Notwithstanding any other provision of law, an acknowledgment of an agreement made before marriage may be executed before any person authorized to solemnize a marriage pursuant to subdivisions one, two and three of section eleven of this chapter."

What happens when the acknowledgment is defective

In Galetta v. Galetta, 21 N.Y.3d 186 (2013), the agreement at issue was a prenuptial agreement whose acknowledgment was defective. The court held that the plaintiff "was entitled to summary judgment declaring the agreement to be unenforceable under Domestic Relations Law 236 (B) (3)."

The husband offered an affidavit from the notary, prepared during the litigation more than a decade after the agreement was signed, and the court held it was not enough to raise a question of fact about the original acknowledgment. The court did not decide whether a defective acknowledgment can ever be cured.

What can make a New York prenup unenforceable

The statute itself names two kinds of limits: a formal one (the writing, signature and acknowledgment rules above) and a substantive one for maintenance terms.

Maintenance terms. DRL 236(B)(3) allows an agreement to include "provision for the amount and duration of maintenance or other terms and conditions of the marriage relationship, subject to the provisions of section 5-311 of the general obligations law, and provided that such terms were fair and reasonable at the time of the making of the agreement and are not unconscionable at the time of entry of final judgment."

That standard looks at two moments: fairness when the agreement was signed, and unconscionability when the divorce judgment is entered. A maintenance term that passed the first test can still fail the second.

Public-charge limit. Under GOL 5-311, "a husband and wife cannot contract ... to relieve either of his or her liability to support the other in such a manner that he or she will become incapable of self-support and therefore is likely to become a public charge."

What the statute does not require

The text of DRL 236(B)(3) does not itself set a financial-disclosure requirement, a requirement that each party have a separate lawyer, or a waiting period before the wedding. That observation covers only that subdivision's text, not all of New York law.

Challenges based on involuntariness, fraud, duress or unfair dealing are governed by New York case law that this article does not cover. A lawyer licensed in New York can draft or review these agreements and can explain how courts have applied those standards.

What a New York prenup cannot decide about children

Parents cannot settle custody and child support by contract alone. DRL 236(B)(3) permits a "provision for the custody, care, education and maintenance of any child of the parties, subject to the provisions of section two hundred forty of this article."

DRL 240 is the section under which the court enters custody and support orders in a matrimonial action, so the court, not the agreement, has the final word on children. See New York child custody laws.

Prenups and inheritance rights in New York

Rights at death follow a separate statute. A surviving spouse's right of election can be waived, but the waiver has its own formalities under EPTL 5-1.1-A(e)(2): "To be effective under this section, a waiver or release must be in writing and subscribed by the maker thereof, and acknowledged or proved in the manner required by the laws of this state for the recording of a conveyance of real property."

According to the same provision, such a waiver can be effective whether made before or after the marriage, and with or without consideration.

Time limits for challenging a prenup in New York

DRL 250 sets a special limitations rule. Claims and defenses based on an agreement made before or during the marriage have a three-year limitations period: "The statute of limitations ... shall be three years."

The period is tolled. Under DRL 250(2), "the statute of limitations shall be tolled until (a) process has been served in such matrimonial action or proceeding, or (b) the death of one of the parties."

DRL 250 does not apply to separation agreements, or to agreements made during or in settlement of a matrimonial action.

Postnuptial agreements in New York

The same statute covers agreements signed after the wedding. DRL 236(B)(3) applies to an agreement "made before or during the marriage," with the same writing, signature and acknowledgment requirements, and DRL 250 applies its three-year rule to agreements made during the marriage too.

This article does not cover the rules for amending or revoking a prenuptial or postnuptial agreement in New York.

New York's property rules without a prenup

New York divides marital property by equitable distribution. DRL 236(B)(5)(c) provides: "Marital property shall be distributed equitably between the parties, considering the circumstances of the case and of the respective parties." See New York divorce laws for how division works, and New York alimony laws for maintenance without an agreement.

Disclaimer: This article provides general legal information about prenuptial and postnuptial agreements under New York law (DRL 236(B)(3) and 250, GOL 5-311 and EPTL 5-1.1-A(e)). It is not legal advice and is not a template. The information was verified on 2026-10-08, and the law can change. For advice about an agreement, consult a lawyer licensed in New York.

Related

• Prenuptial agreement laws in every state
• New York divorce laws
• New York alimony laws
• New York child custody laws

Last updated: 2026-10-08.

Frequently Asked Questions

Does a prenup need to be notarized in New York?

DRL 236(B)(3) requires the agreement to be acknowledged or proven in the manner required to entitle a deed to be recorded, in addition to being in writing and signed. A premarital agreement may also be acknowledged before a person authorized to solemnize a marriage under DRL 11, subdivisions 1-3.

Can a prenup be thrown out in New York for a bad acknowledgment?

Yes. In Galetta v. Galetta, 21 N.Y.3d 186 (2013), a prenuptial agreement with a defective acknowledgment was declared unenforceable under DRL 236(B)(3).

Can a New York prenup waive alimony?

An agreement may set the amount and duration of maintenance, but the terms must have been fair and reasonable when made and not unconscionable at final judgment (DRL 236(B)(3)), and no spouse may be left likely to become a public charge (GOL 5-311).

Can a prenup decide child support or custody in New York?

Provisions on custody, care, education and maintenance of children are subject to DRL 240, under which the court enters custody and support orders (DRL 236(B)(3)).

Is there a deadline to challenge a prenup in New York?

DRL 250 sets a three-year limitations period for claims and defenses on a premarital or marital agreement, tolled until process is served in the matrimonial action or one party dies.

Does New York require financial disclosure for a prenup?

The text of DRL 236(B)(3) does not set a financial-disclosure requirement. Whether a lack of disclosure matters is a question of New York case law, which a lawyer licensed in New York can explain.

Are postnuptial agreements valid in New York?

Yes, DRL 236(B)(3) covers agreements made before or during the marriage, with the same writing, signature and acknowledgment requirements.