Divorce Insurance

Prenuptial agreements — often called “prenups” — are legal contracts signed before marriage that outline how assets, debts, and other financial matters will be handled in the event of divorce, separation, or death. At Wisselman Harounian Family Law, they are branded as “the closest thing to divorce insurance” because they function much like insurance: they protect your financial interests in advance, reducing uncertainty and potential conflict later 

How Prenups Work as “Divorce Insurance”

• Asset Protection: They define which assets remain separate property and which become marital property under New York law, shielding your pre-marriage assets from being divided 

• Business & Career Safeguards: They can preserve business interests, professional income, and investments for the intended party 

• Debt Management: They can clarify who is responsible for debts incurred before or during the marriage 

• Inheritance & Family Gifts: They protect property intended for children or other family members 

• Conflict Reduction: By addressing financial issues upfront, they can prevent costly and emotional disputes in divorce

Why They’re Popular

• High Divorce Rates: With about 40% of U.S. marriages ending in divorce, couples are increasingly using prenups to secure their futures 

• Proactive Planning: 62% of engaged couples cite asset protection as a primary reason for signing a prenup, while 38% focus on debt protection 

• Unique Provisions: Some prenups include creative clauses, such as annual spousal support based on marriage length or “straining clauses” for infidelity 

Enforceability & Best Practices

For a prenup to be valid in New York, it must be:

• Voluntarily signed by both parties

• Based on full financial disclosure

• Without coercion or undue influence 

If not properly drafted or disclosed, up to 35% of prenups can be invalidated in court, often due to unconscionability or lack of full disclosure