Partner
When you’re getting married, it’s natural to focus on the present—your relationship, your wedding, and your shared future. But for many professionals, entrepreneurs, and high-income earners, the future holds significant financial growth.
Whether you’re on track to make partner, planning to launch a business, or expecting to receive stock or bonuses, it’s worth asking: Can you protect future earnings in a prenuptial agreement? Here’s what you need to know.
How New York Treats Future Income Without a Prenup
In New York, any income earned during the marriage is typically considered marital property—even if one spouse did most or all of the work to generate it. This rule applies to:
- Salaries and wages
- Bonuses and commissions
- Stock options and equity compensation
- Royalties or licensing income
- Business profits acquired during the marriage
For example, if you start a business before getting married, but it becomes profitable during the marriage, your spouse could have a claim to a portion of those earnings if you divorce—unless your prenup says otherwise.
That’s why many high-earning individuals use prenuptial agreements to protect not just what they have now, but what they expect to build.
How a Prenup Can Address Future Income
A well-conceived prenuptial agreement will define which future income and assets will remain separate and which will be shared. It gives both spouses a clear understanding of financial expectations before marriage and helps prevent misunderstandings down the road.
Common provisions include:
- Declaring future earnings as separate property, even if earned during the marriage
- Clarifying that bonuses, stock options, or equity grants awarded during marriage will remain the individual property of the earning spouse
- Protecting business growth or intellectual property revenue tied to one spouse’s efforts or career
- Excluding specific types of future income from spousal support or property division
The key is specificity. Vague language won’t hold up in court. Your agreement must clearly state how income from various sources will be treated and under what circumstances.
When Future Earnings Protection Is Especially Important
Prenups that address future earnings aren’t just for celebrities or CEOs. They’re an innovative planning tool for anyone whose financial situation is likely to change significantly during the marriage. Some common examples include:
- Young professionals in high-income fields like finance, medicine, or law
- Entrepreneurs and small business owners with plans to scale or seek investment
- Authors, artists, and inventors expecting royalties or licensing deals
- Executives who receive stock options, deferred compensation, or long-term bonuses
- Individuals entering a marriage with significant earning potential
If your career is on a growth trajectory—or your income is unpredictable—a prenup can provide structure and peace of mind.
Best Practices for Protecting Future Earnings in a Prenup
For a New York court to enforce a prenuptial agreement that addresses future income, the agreement must meet several standards:
- Full financial disclosure: You must provide an honest account of your current income, assets, and debts—even if the focus is on future income.
- Independent legal counsel: Each party should have their own attorney to ensure the agreement is fair and understood.
- Specificity: Clearly define what types of income are considered separate and how they will be handled during divorce.
- Timing: Don’t wait until the last minute to sign. Signing too close to the wedding may lead to claims of coercion.
- Review periodically: If your financial situation changes drastically, consider updating or reaffirming the agreement with a postnuptial agreement.
By taking these steps, you increase the likelihood that your prenup will be respected by the court if it is ever challenged.
Legal Help to Protect Your Earnings
Protecting future earnings is just as important as safeguarding what you already have. At Aiello & DuFalco, we regularly work with high-earning professionals, business owners, and individuals entering second marriages across Long Island and New York City.
We’ll walk you through what a prenup can cover, help you draft legally sound terms, and make sure your agreement reflects your goals, both now and years from now. Let’s put the right protections in place before you say “I do.” Call today for a consultation.