You and your partner agreed to a prenup before the wedding. Now you're wondering—will it actually hold up if it's ever challenged in court? It's a fair question and one we hear often at Aiello & DiFalco. The answer depends on how the agreement was made and whether a judge finds it...
How to Prepare for a Prenup Meeting with Your Lawyer
When you're planning a wedding, there's a lot to be excited about—celebrations, travel plans, family gatherings. But amid the fun, it's also wise to have clear conversations about your future. For many couples in New York, that means sitting down to create a prenuptial agreement.
If you’ve scheduled...
How Millennials Are Redefining Prenuptial Agreements
It wasn’t long ago that prenuptial agreements were considered taboo—something only the wealthy or distrustful pursued. But times have changed. Today, more engaged couples are approaching marriage with open conversations about money, independence, and what it means to plan. Many of them are Millennials, and they’re reshaping how prenuptial agreements are...
Non-Disclosure Agreements in New York Divorces
Divorce is often an intensely personal experience, yet in many cases, financial and personal details become part of public court records. This can be concerning, particularly for individuals with significant assets, business interests, or a public reputation. In New York, Non-Disclosure Agreements (NDAs) offer a way to protect sensitive information during...
Can I Update a Prenuptial Agreement After Marriage?
Many couples sign prenuptial agreements before marriage to clarify financial rights and obligations. However, life circumstances change, and you may wonder if your prenuptial agreement can be updated after marriage.
In New York, prenuptial agreements can be modified after marriage, but specific legal steps must be followed to ensure...
How is Unconscionability Proven in Divorce Cases?
In divorce cases, courts strive to ensure that marital agreements and settlements are fair and reasonable. However, when one party claims that an agreement is unconscionable, the court may intervene to determine if the terms are unjust. Unconscionability refers to a situation where an agreement is so one-sided that it shocks...
Do Prenups Override State Marital Property Laws?
A prenuptial agreement allows couples to set financial terms for their marriage and potential divorce. Many people wonder, however, whether a prenup overrides state marital property laws. The answer depends on the agreement's terms, enforceability, and state-specific legal requirements.
New York is an equitable distribution state, meaning that...
How to Discuss a Prenup Without Conflict
Imagine you’re happily engaged and planning a future together when the thought of a prenuptial agreement pops up. How do you bring up that conversation with your partner without awkwardness or hurt feelings?
Many couples fear that even mentioning a prenup could spoil the romance or signal distrust. It’s...
Key Tips for Keeping a Divorce Amicable and Collaborative in New York
Divorce doesn’t have to be a battle. Many couples prefer a respectful, cooperative approach rather than a drawn-out courtroom fight. In New York, an amicable and collaborative divorce can save time, reduce stress, and help both spouses move forward with dignity.
If you and your spouse want to...
Child Support for Developmentally Disabled Adults in New York
Raising a child with developmental disabilities presents unique challenges, which often do not conclude when they turn 18. In cases where divorce is involved, many parents question whether child support can continue for a developmentally disabled adult. If you are facing child support issues for a developmentally disabled adult, this blog will...