Decision Holds that Alimony Waivers in New York Prenuptial Agreements Require Substantial Detail

Many prospective spouses who are concerned about safeguarding their assets negotiate a prenuptial agreement. In fact, these documents are more popular than ever, as younger generations take a more practical approach to marriage and the possibility of divorce. Whether you’ve had a prenup in place for a long time or are in the process of creating one, it is vital to remember that just because both parties have signed the agreement, that does not mean that a New York court will honor its terms. A 2025 decision from the Supreme Court in Kings County emphasizes the need for specific information when a prospective spouse surrenders their right to seek alimony should their marriage end in divorce.

In the case captioned JM v. GV, a divorcing husband claimed that he was presented with a prenuptial agreement approximately one week before his wedding and told by his fiancée that her family would not allow the marriage go forward unless he signed. He says he did not consult with an attorney and that the language was written in a confusing manner. One of the provisions stated that he gave up his right to collect maintenance, which is New York’s legal term for alimony. 

Throughout the marriage, the husband relied on his wife’s income, which was substantially higher than his. She also had additional wealth from her family. When he sought maintenance during the divorce, his wife invoked the language in the prenuptial agreement. The husband countered by asserting that he did not have a fair opportunity to review the prenup and that enforcing it would be unconscionable. 

Justice Jeffrey S. Sunshine noted in his decision that New York generally favors the enforcement of prenuptial agreements, and said that the circumstances surrounding the signing in this matter did not justify a finding of duress. However, Justice Sunshine also ruled that a prospective spouse should be provided with the presumptive maintenance calculations before waiving the right to request those payments. In other words, the agreement should spell out what that person would receive under New York’s statutory alimony formula if they don’t sign the waiver. Had the husband been represented by counsel when the prenup was negotiated, presumably his lawyer would have outlined the consequences of the waiver. As he had no attorney, this did not occur. 

Given that the husband was not aware of what the specific maintenance terms would be, the ruling says that there was no informed waiver of rights. If you are negotiating a prenuptial agreement that involves alimony terms, it’s wise to make sure that each individual is represented by counsel and that current financial information is inserted into the state formula to indicate what maintenance payments would be. Conversely, if you already have an agreement in place, you might want to review the document with a qualified attorney and consider a revision if the maintenance terms are not sufficiently specific. 

Martin J. Rosen, P.C. in White Plains advises New York residents on prenuptial agreements and divorce proceedings throughout Westchester, Rockland, Putnam, Orange and Dutchess counties. Over more than five decades of legal experience, Mr. Rosen has achieved numerous professional accomplishments that reflect his commitment to providing exceptional legal representation. 

He was the confidential law secretary to the Honorable Morrie Slifkin, Supreme Court Justice of Westchester County, and was named Chairperson of the Westchester County Bar Association’s Family Law section. In addition to his numerous articles, classes and lectures on domestic relations law, Mr. Rosen is a fellow of the American Academy of Matrimonial Lawyers. Our firm draws on this background to provide clear, effective counsel to individuals on complex family law issues. Please call 914-895-5430 or contact the firm online for a consultation.