Partner
When couples create a prenuptial agreement, they often want flexibility. One way to build that in is through a sunset clause, a provision that causes the contract (or parts of it) to expire after a certain period of time. But what actually happens when that day comes?
If you’re wondering how a prenup changes after 10 years, and whether a sunset clause is right for you, here’s what you should know.
What Is a Sunset Clause in a Prenup?
A sunset clause is a term in a prenuptial agreement that sets an expiration date for the contract or specific provisions. In other words, the prenup “sunsets” or becomes invalid after a certain number of years, or after a triggering event, such as the birth of a child.
Common sunset timelines include:
- 5 years
- 10 years
- 20 years
- Or conditional sunset clauses tied to milestones
A sunset clause can apply to the entire agreement or just to certain terms, like waivers of spousal support.
Why Include a Sunset Clause?
Some couples include sunset clauses to reflect trust, commitment, or simply to account for changing life circumstances. Common motivations include:
- Giving the agreement a “trial period” during the early years of the marriage
- Recognizing that long-term marriages may deserve different treatment than short ones
- Avoiding outdated financial provisions after a decade or more
- Providing an incentive to revisit or renegotiate the prenup later on
A 10-year sunset clause might reflect a couple’s belief that after a decade together, the need for the prenup diminishes—or that any financial arrangements should evolve with the marriage.
What Happens When a Sunset Clause Expires?
Once a sunset clause takes effect, the agreement, or the parts specified, no longer apply. This can have a significant impact on:
- Property division: Assets that were once considered separate under the prenup may become subject to New York’s equitable distribution rules.
- Spousal support (alimony): A waived right to maintenance may be restored if the waiver sunsets.
- Debt responsibility: Provisions shielding one spouse from the other’s liabilities may no longer be enforceable.
In essence, once the prenup (or part of it) sunsets, state law takes over. If the couple divorces after that point, the court will rely on New York law to determine how to divide assets and obligations, just as if no prenup had ever existed.
Risks of Sunset Clauses
Sunset clauses can offer flexibility, but they also introduce potential pitfalls. Risks include:
- Loss of intended protection after a set number of years
- Outdated assumptions no longer match your financial reality
- Legal ambiguity if the language is unclear about what expires and what doesn’t
- Surprise or conflict during divorce, especially if one spouse assumed the agreement was still in effect
That’s why it’s critical to clearly define what the sunset clause covers, whether it includes the entire agreement or specific sections, and what happens when the clause activates.
Revisiting or Replacing the Agreement
If your prenup includes a sunset clause—and that date is approaching—you don’t have to let it lapse without a plan. You have options:
- Renew the prenup with a formal amendment or postnuptial agreement
- Replace it entirely with a new agreement that reflects your current situation
- Let it lapse intentionally, knowing you’re comfortable with New York law applying
Whatever you decide, don’t wait until the last minute. If you’re approaching the 10-year mark, it’s best to meet with a family law attorney to review your current agreement and discuss your options.
Talk to a New York Prenup Attorney About Sunset Clauses
Sunset clauses offer flexibility, but they also require careful planning. Whether you’re creating a prenup for the first time or reviewing one that’s set to expire, Aiello & DiFalco LLP can help you align your agreement with your needs and goals. Contact us today to schedule a consultation. Let’s make sure your agreement still protects what matters—whether it’s year one or year ten.