Manhattan Postnuptial Agreements Lawyer Ryan Besinque Explains How New York Couples Can Protect Their Financial Future

NEW YORK, NY - A postnuptial agreement can provide married couples with clarity and control over their financial future, but enforceability depends on meeting specific legal requirements under New York law. Manhattan postnuptial agreements lawyer Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/postnuptial-agreements-lawyer/) outlines what these agreements can cover, how courts evaluate them, and the most common mistakes that can render them unenforceable.

According to Manhattan postnuptial agreements lawyer Ryan Besinque, New York Domestic Relations Law 236(B)(3) recognizes postnuptial agreements as valid and enforceable contracts that allow married spouses to define how property, debts, and support will be handled in the event of divorce or death. "A postnuptial agreement takes precedence over New York's default equitable distribution rules, which otherwise give a judge broad discretion to divide marital property," Besinque explains. "For many couples, the agreement gives both spouses a clearer picture of their financial future."

Manhattan postnuptial agreements lawyer Ryan Besinque notes that the statute permits agreements to address the ownership and distribution of separate and marital property, spousal maintenance terms, testamentary provisions, and waivers of the right to elect against a will. Any maintenance provisions must be fair and reasonable at the time of signing and cannot be unconscionable at the time a court enters final judgment. While custody and child support provisions may be included, they remain subject to judicial review and the best interests of the child at the time of any divorce.

Manhattan postnuptial agreements lawyer Ryan Besinque emphasizes that many Manhattan couples create postnuptial agreements in response to significant changes during the marriage rather than because of marital difficulties. Common triggers include a substantial raise or equity stake, a new business venture, receipt of an inheritance, or one spouse leaving the workforce to raise children. "These agreements allow spouses to respond to real-life financial changes on their own terms," he observes.

Attorney Besinque points out that New York courts apply a two-part fairness test when evaluating a postnuptial agreement. A court first asks whether the terms were fair and reasonable when signed, then whether enforcement at the time of divorce would produce an unconscionable result. "An agreement that looks balanced on signing day can still be set aside if circumstances have changed so dramatically that enforcement would leave one spouse without adequate resources," he notes.

The firm explains that enforceability under DRL 236(B)(3) requires the agreement to be in writing, signed by both spouses, and acknowledged with the same formality required for a deed to be recorded. Both spouses must provide full financial disclosure, sign voluntarily without coercion or duress, and ideally have independent legal counsel. "If only one spouse has an attorney and the other does not, a court will scrutinize the agreement more closely," Besinque adds. "That is one of the most common reasons courts set aside otherwise well-drafted agreements."

Besinque explains that the most frequent grounds for invalidating a postnuptial agreement include hidden assets or misleading financial disclosure, duress or coercion at signing, unconscionable terms, absence of independent counsel, and improper execution. The New York City Bar Association has noted that a postnuptial agreement cannot contain terms that are unconscionable, fraudulent, or executed under duress.

The team points out that postnuptial agreements and prenuptial agreements cover similar ground but face different levels of scrutiny. Because married spouses owe each other heightened fiduciary duties, courts may apply greater attention to fairness and full disclosure in a postnup than in a prenup negotiated at arm's length before marriage.

Attorney Besinque notes that a well-drafted postnuptial agreement also addresses the commingling problem, where separate property loses its separate character after being deposited into a joint account or used to improve marital property. "Explicitly identifying which assets remain separate and which are marital creates a record that protects both spouses," he explains. Agreements may also convert separate property into marital property where both spouses agree.

The firm notes that postnuptial agreement matters in Manhattan are handled through the New York County Supreme Court at 60 Centre Street, where the Matrimonial Support Office assists with divorce filings, maintenance calculations, and enforcement proceedings. The firm represents clients throughout Manhattan, Brooklyn, the Bronx, Queens, Westchester County, and Nassau County.

For married couples whose financial circumstances have changed since their wedding, a carefully drafted postnuptial agreement may provide structured protection that New York's equitable distribution rules cannot offer on their own.

About The Law Office of Ryan Besinque:

The Law Office of Ryan Besinque is a Manhattan-based firm dedicated to divorce, custody, support, and marital agreement matters across New York City. Led by attorney Ryan Besinque, the firm represents clients throughout Manhattan, Brooklyn, the Bronx, Queens, and nearby Westchester and Nassau counties. For consultations, call (929) 251-4477.

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Email: ryan@besinquelaw.com

Website: https://www.besinquelaw.com/

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