What Clauses Can Be Included in a Prenuptial Agreement?

By Michael DiFalco
Partner

Prenuptial agreements, also known as prenups, are essential for protecting your personal assets in the event of a divorce. However, a prenup is only useful if it offers adequate protection for your unique circumstances. 

Prenups are highly flexible and can be tailored to suit the needs of the couple getting married. The best way to ensure you have a solid prenup in place is to work with an experienced divorce attorney. In addition to the most common prenup clauses, a lawyer can also make more specific recommendations to ensure your assets are protected.

Common Prenup Financial Clauses

Prenuptial agreements tend to focus on the financial aspects of a marriage. At a minimum, they outline what is considered to be personal and marital property. 

For example, suppose that one spouse purchases rental properties during the marriage. The prenup can specify that those properties belong to the purchasing spouse alone, which means they won’t be viewed as marital property. 

However, a prenup can set clear financial boundaries in numerous areas — many of which an engaged couple never thinks to consider before speaking with a prenuptial agreement attorney. Common financial clauses that can appear in a prenup include: 

  • Asset division
  • Debt allocation
  • Inheritance rights
  • Health insurance
  • Life insurance
  • Wedding and engagement ring ownership
  • Spousal support

These clauses help ensure that there’s little left for spouses to disagree over in the event of a divorce. In turn, you can protect your assets and make the process of ending your marriage more straightforward. 

No one wants to consider the possibility of divorce at the start of a marriage. Nonetheless, the responsible move is to recognize that divorce happens and to make sure that your affairs are well-ordered from the beginning.

Other Types of Prenup Clauses

While a prenuptial agreement is often thought of as a financial agreement, it can encompass many other concerns as well. Prenup clauses can also cover spousal behavior, child rearing, pet ownership, and situational concerns.

Some of the most common non-financial clauses soon-to-be spouses add into their prenuptial agreements address topics like: 

  • Religious beliefs and customs
  • Pet ownership
  • Children from previous marriages
  • Business non-compete agreements
  • Personal asset disbursement after death
  • Infidelity
  • Relocation

It might surprise you to learn that you can set up your prenuptial agreement with a clause that changes how assets are divided in the event of infidelity. However, this is indeed possible with an infidelity clause. A prenup lawyer can help you explore the prenup clause options that work best for your marriage. 

Who needs a prenuptial agreement?

Spouses often hesitate at the thought of signing a prenup, preferring to believe that their marriage won’t fail. However, prenups are often likened to insurance coverage; you hope you won’t get into a car accident, but you need to know you’re financially protected if you do. 

Taking the time to create and sign a prenuptial agreement can have a life-altering impact down the line. It’s also better to know your finances will be protected no matter what comes your way. 

Prenups don’t just protect your current assets, though; they protect your future ones, too. They also guard you from personal circumstances like infidelity or changes in religious beliefs. You don’t know what the future will bring, so it’s best to have an upfront agreement with your future spouse about marital property. 

Call a New York Prenuptial Agreement Attorney Today

The experienced New York family law attorneys at Aiello & DiFalco can help create the prenuptial agreement that works best for your marriage. Our family law firm is located in Garden City, NY, and we represent clients across Nassau, Suffolk, and Westchester counties and in the greater New York City area. 

Contact Aiello & DiFalco today to schedule a consultation with an experienced prenuptial agreement lawyer in New York.

About the Author
I am a partner at Aiello & DiFalco LLP, and my priority for my clients is to guide them through an arduous court case to provide them with the opportunity to write the next chapter in their life. I tailor my approach to each client’s priorities and positions, and to the extent that matters can be predicted, I will always provide a realistic perspective of how the law could be applied to the particular facts and circumstances of a case. Since I thrive on helping people and solving problems, I bring an optimistic and positive approach to practicing in a very difficult area of law. With more than a decade of experience handling hundreds of cases, I have the ability to get results on the issues my clients view as priorities. When cases or certain issues cannot be settled, I have a solid record of success at trials, hearings, and on appeals. Feel free to contact me for a free initial consultation, I am always available to help.