Protecting Your Assets, Should Divorce Ever Occur

Prenuptial Agreement

Determining how marital property will be divided can be one of the most contentious issues in divorce. With 34 years of family law experience, New York attorney Andrew A. Bokser has seen most of the marital property disputes that can arise. He can help you avoid those disputes by drafting a prenuptial agreement.

A prenuptial agreement allows you to determine in advance how marital property will be divided in the event of a future divorce. It can also protect the property rights of your existing children if you are getting married for a second or third time.

Examples of issues you and your spouse can decide include:

  • Whether or not your spouse will have any rights to assets such as a home, business or investment account
  • Whether your spouse will have any rights to your earnings during the marriage or future earnings
  • Whether assets such as pension plans and 401(k) plans will be marital property
  • Whether your spouse is entitled to alimony after divorce — and if so, how much and for how long

The only issues that cannot be decided in advance through a prenuptial agreement are child custody and child support.

Are Prenuptial Agreements Enforceable?

In New York, prenuptial agreements are enforceable as long as they are properly drafted and there is no evidence of fraud, duress or overreaching. While it is common for one of the attorneys to draft the agreement, one attorney cannot properly protect the interests or represent both parties.

If attorney Andrew A. Bokser represents you, he will advise your spouse to hire his or her own attorney. If your spouse chooses not to hire a lawyer, he will include language in the agreement that your spouse was advised to get a lawyer but declined to do so.

Discuss Prenuptial Agreements With Family Law Attorney Andrew A. Bokser

With offices in Brooklyn and Garden City, attorney Andrew A. Bokser represents men and women throughout the New York City area, including Nassau and Suffolk counties. To discuss your case, call or fill out our contact form. Evening appointments are available.