New York Family Law Blog

If you are a same-sex couple going through a divorce with children, you may have questions about who has custody or visitation rights. The fear that you may not be able to see your children as a nonbiological parent is a real concern that many same-sex couples deal with during separation or divorce.

In New York, prenuptial agreements between spouses are common. This is a great way to protect your assets and wealth. However, postnuptial agreements may also be an option for you. 

A New York resident seeking to get married probably does not want to marry the debt carried by a new partner. Some people worry that if they divorce a spouse with debt, they will be on the hook for some of that debt as well. Still, in the event a person does marry a spouse who is carrying debt, the couple can still address the issue with a postnuptial agreement.

If you are a New York resident in a second or third marriage, revisiting your estate strategy may be beneficial. Unlike most first marriages, subsequent unions may include significant asset accumulation. At Adria S. Hillman, Attorney at Law, P.C., we often help clients protect their assets in the even their union ends.

In 2016, the previous presidential administration instituted an anti-discrimination regulation that included gender identity and sexual orientation as protected classes. This made it illegal for adoption agencies and foster care organizations anywhere in the United States, including New York, to deny services to individuals or couples on these bases and still receive federal funding.

Individuals in New York who actively purchase stocks, bonds and other equities may protect their ownership rights through a well-written prenuptial agreement. Getting married does not automatically entitle a future spouse to dip into your portfolio; assets traded during your marriage, however, may otherwise be considered marital property.

ostnuptial agreements are similar to prenuptial agreements. Most partners choose to divide property and set forth the rights to property in case of a divorce before the marriage occurs. Often, this is because the partners do not realize that postnups are a binding agreement in the state of New York.

Prenuptial agreements used to be absolute anathema. Plus, back in the day where the man was typically the main breadwinner and the woman stayed at home, it was far less likely for a prenuptial agreement to really benefit anybody. However, particularly if you are a Millennial, you may find it is worthwhile to consider a prenuptial agreement.

When getting married in New York, you don’t want to imagine that things could end, and especially not on unpleasant terms. However, it is simply a matter of practicality to protect your property in case the worst-case scenario does happen, especially if you possess a great deal of wealth or assets.