Partner
When people think about prenuptial agreements, they often picture luxury assets, family businesses, or large inheritances. However, one of the most valuable assets many people bring into a marriage, especially later in life, is their retirement savings. Whether you’re decades into your career or recently remarried, protecting your financial future starts with thoughtful planning. Here’s how a prenup can help you safeguard what you’ve worked hard to build.
How New York Law Treats Retirement Accounts
Under New York’s equitable distribution laws, any retirement savings that accumulate during the marriage may be considered marital property. This means that even if an account is in your name alone, your spouse may be entitled to a portion of the contributions or growth that occurred while you were married.
This applies to:
- 401(k)s and 403(b)s
- Traditional and Roth IRAs
- Pensions
- SEP and SIMPLE IRAs
- Employer-sponsored retirement plans
So, for example, if you had a 401(k) with $200,000 before you got married and it grew to $300,000 during the marriage, the $100,000 in growth might be subject to division in a divorce—unless a prenuptial agreement says otherwise.
What a Prenup Can Do to Protect Retirement Funds
A properly drafted prenuptial agreement can clarify how your retirement savings will be handled in the event of divorce or death. Some of the key protections a prenup can offer include:
- Keeping pre-marital account balances separate
- Defining whether contributions made during the marriage will be shared or remain separate
- Setting expectations for how retirement assets will be valued and divided
- Clarifying or waiving survivor benefits from pensions
- Coordinating with beneficiary designations to avoid future disputes
You’ve spent years contributing to your retirement plan. A prenup allows you to preserve those savings while still planning for a shared future with your partner.
Second Marriages and Blended Family Planning
Many of our clients seek prenuptial agreements later in life, often in second marriages. In these situations, retirement savings are not just personal—they may represent long-term financial goals, obligations to children, or terms from a previous divorce.
A prenup can help you:
- Keep your retirement assets protected for your children
- Avoid unintentionally disinheriting loved ones
- Clarify whether your new spouse will receive any part of a pension or retirement account
- Coordinate with your estate plan and beneficiary designations
These conversations might feel uncomfortable, but they often lead to stronger relationships and greater peace of mind for everyone involved.
Avoiding Future Disputes Over Retirement Division
Retirement accounts often become a source of contention during divorce. They can be challenging to value, and dividing them usually requires a court-approved Qualified Domestic Relations Order (QDRO).
A prenup can help avoid those disputes by:
- Clearly stating who owns which account and what portion (if any) is shared
- Outlining whether QDROs will be used or avoided altogether
- Allowing one spouse to waive rights to the other’s retirement in exchange for other assets
By addressing these questions upfront, you reduce the risk of costly litigation down the road.
It’s Not Just About Divorce—It’s About Clarity
A common misconception is that prenuptial agreements are just about protecting yourself “in case it doesn’t work out.” However, a prenup is about clear expectations. It gives both spouses an honest understanding of their financial future, which can reduce conflict and improve communication.
You can use a prenup to define:
- How you’ll approach saving for retirement as a couple
- What happens if one spouse leaves the workforce
- How long-term care costs will be handled in later years
Whether you’re a first-time newlywed or planning a later-in-life marriage, the clarity a prenup brings is invaluable.
Work with a New York Attorney Who Understands Financial Planning
At Aiello & DiFalco, we know how important it is to protect your future, especially when you’ve spent years building toward it. Our attorneys work with clients across Long Island and New York to draft prenuptial agreements that are thoughtful, enforceable, and tailored to your life. Whether you’re preparing for marriage or updating a prior agreement, we’re here to provide the guidance you need. Contact us today to schedule a confidential consultation.