Manhattan Family Law Attorney Richard Roman Shum Guides Women Through Prenuptial Agreement Negotiations

NEW YORK, NY - Prenuptial agreements provide critical financial protections, particularly for women who may sacrifice career opportunities during marriage. Manhattan family law attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/blog/what-should-a-woman-ask-for-in-a-prenup-in-new-york/) is guiding women through the provisions and negotiation strategies that address unique financial vulnerabilities.

Under New York Domestic Relations Law 236B, prenuptial agreements must be voluntary, include full financial disclosure, and meet fairness standards to be enforceable. Prenups signed under pressure or close to the wedding date can be invalidated, and complete waivers of spousal support may be unenforceable if they leave one spouse without adequate resources, making it especially important to work with a Manhattan family law attorney when drafting, reviewing, or negotiating the agreement

"Career interruptions for childbirth and childcare disproportionately affect women's lifetime earnings and retirement savings," explains Shum. "Women who plan to step back from work after having children should negotiate compensation for this sacrifice, including guaranteed spousal support, larger shares of marital assets, or contributions to retirement accounts," says the Manhattan family law attorney.

Women entrepreneurs face particular concerns regarding business protection. A prenup can freeze a business's value as of the wedding date, ensuring any appreciation during the marriage remains separate property. This prevents spouses from claiming shares of growth created through individual efforts. High-earning women in fields such as finance, law, or medicine should also address future compensation, including stock options, bonuses, and partnership distributions.

Manhattan family law attorney Richard Roman Shum notes that women with children from previous relationships should consider protecting their children's inheritance through prenuptial provisions. Assets intended for children can be designated as separate property, not subject to division if the new marriage ends.

Spousal support provisions are critical for women planning to reduce work hours or leave the workforce. The prenup can establish maintenance amounts reflecting income and career advancement sacrificed during marriage. Duration of support can be tied to career interruptions, providing sufficient time to re-enter professional fields and rebuild careers.

"Complete waivers of spousal support are risky for women who may sacrifice careers or earning potential during marriage," notes Attorney Shum. "Even high earners planning to have children should negotiate fair support terms rather than waiving maintenance entirely."

New York law distinguishes between separate property and marital property. Separate property includes assets owned before marriage, gifts given specifically to one spouse, and inheritances received during marriage. A prenup reinforces that these assets remain separate regardless of the marriage duration. Commingling occurs when separate property mixes with marital property, potentially converting separate assets to marital property subject to division.

Retirement accounts often represent the most valuable marital assets. Women interrupting careers face significant retirement savings gaps due to lost years of contributions and employer matching. Prenups can require spouses to make retirement contributions in the non-working spouse's name during years out of the workforce, bridging the savings gap created by career sacrifices.

Some couples include infidelity clauses specifying financial consequences for adultery. However, New York courts have not consistently enforced these provisions. Judges may view them as penalties encouraging divorce, which violates public policy. Carefully drafted clauses that are reasonable rather than punitive stand better chances of enforcement.

Negotiation requires clear communication and independent legal counsel. Both parties must disclose all assets, liabilities, income, and financial interests with supporting documentation. Accepting vague assurances about finances creates risks of invalidation. Time pressure from partners demanding signatures close to wedding dates should be refused, as courts may invalidate agreements signed under such circumstances.

For women entering marriage in New York, consulting with an experienced family law attorney can help identify priorities, negotiate fair terms, and ensure agreements meet enforceability requirements under state law.

About Law Office of Richard Roman Shum, Esq.:

The Law Office of Richard Roman Shum, Esq. is a Manhattan-based family law firm focused on prenuptial agreements, divorce, child custody, and property division. Led by attorney Richard Roman Shum, the firm serves clients throughout New York City with over 15 years of experience in complex family law matters. For consultations, call (646) 259-3416.

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Email: richard@romanshum.com

Website: https://www.romanshum.com/

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