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Do You Need a Long Island Prenuptial Agreement If You Have No Assets?

by | May 28, 2019 | divorce, divorce lawyer long island ny, marital property, News and Events

Many people on Long Island believe that prenuptial agreements are for affluent or older couples who have prior assets and are entering into marriage. They believe that since they’re young and have few assets, a prenup isn’t for them. However, this isn’t usually the case. Prenuptial agreements can put protections in place for all soon-to-be wed couples, even if they don’t have a lot of money to their name. Here’s what you need to know about Long Island prenuptial agreements and how one can protect your interests, well-to-do or not.

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Reduce the Chances of a Contentious Divorce

A perfectly peaceable divorce can turn ugly quickly without a prenuptial agreement in place. A prenup can outline how you will proceed with a divorce should you decide to dissolve your marriage later, such as how assets that you own (even if you don’t have them now) will be allocated. This reduces the chances that things will become aggressive because there’s less to argue about. Many of the agreements have already been made and are in writing if a prenup is in place.

Protect Yourself Financially in the Event of Separation

Often, there is some income disparity between spouses at the time of a divorce. This becomes more significant when one spouse stays at home to take care of the children and cannot pursue further education or career opportunities as a result. In the event of a divorce, the lesser earning spouse is at a significant financial disadvantage and may not be able to survive independently. A prenuptial agreement can put provisions in place if this occurs, establishing the duration and amount of agreed-upon alimony payments.

Establish How Debt Will Be Paid

If your soon-to-be spouse is coming into the marriage with debt and you get divorced, that debt may then become both of your debt, unless you have a prenuptial agreement in place that says otherwise. Establish how debt you each bring into the marriage will be paid, as well as debt you accumulate together during the marriage.

Guard Future Accounts

You may not have many assets now, but that doesn’t mean you won’t in the future. A prenuptial agreement can guard future retirement accounts and pensions provided to you by your employer, even before you have them.

Protect Children from Previous Relationships

If you are coming into the marriage with children from a previous partner, it’s important to include them in your prenuptial agreement. The agreement can help you protect your children by excluding particular assets or property from division if you and your spouse separate. For example, if your children have their own college savings accounts set up by grandparents, a prenuptial agreement can exclude those from divisible property.

Contact Our Divorce & Family Law Firm for a Prenuptial Agreement

If you are considering getting married, it’s important to explore the benefits of a prenuptial agreement, whether you have significant assets or not. Don’t subscribe to the antiquated idea that prenups aren’t romantic or you “don’t really love someone” if you get one. Neither of these statements are true. What is true, however, is that prenuptial agreements can afford you and your family numerous protections if your marriage does unfortunately end in divorce. No one wants a divorce, but failing to plan for one can leave you scrambling if you find yourself in the middle of one.

Contact our experienced Long Island family law firm today to learn more about prenuptial agreements and to get help drafting an agreement that works for your family. Call to schedule your free consultation at 631-923-1910.

For more information about Prenuptial and Postnuptial Agreements, please read Your Guide to Long Island Prenuptial & Postnuptial Agreements



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Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!
Rob Spielmann
Rob Spielmann
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly


  • I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
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