Select Page

Top 10 Checklist for Your Long Island Prenuptial Agreement

by | Jun 8, 2021 | divorce, News and Events

It’s more important than ever to consider having a prenuptial agreement in place before entering into the legal contract known as marriage. While it’s great to think that your marriage will be a romantic adventure where you will both live happily every after, we don’t have to call up statistics to know that this isn’t always the case. With more couples marrying later in life when they may have more financial assets before the union, it’s important to discuss the protections a prenup can afford you with an experienced Long Island divorce lawyer prior to entering your marriage.

Here’s a checklist of top 10 things you want to be sure your prenuptial agreement will cover.  

Divorce Attorney Consultation

1. Accounting for Debts and Assets 

Your prenuptial agreement should clearly list the debts and assets of both parties entering into the marriage and to whom they belong. You can create a plan to pay off your debts using separate or marital funds, however, if you divorce, you will unlikely be able to recover any funds you paid toward your spouse’s debts during the marriage, even if they were your separate funds. 

2. Management of Income and Assets of the Household

Consider naming one spouse to manage or oversee the collection and allocation of income and assets accumulated during the marriage. Often, this task is left to the higher earning spouse, or you can create a joint agreement where you and your spouse are both equally responsible for accumulating, investing, and managing your marital assets

3. Management of Credit for the Household

Similarly, you may want to name one spouse to manage lines of credit, loans, credit cards, and your overall credit scores to ensure you maintain good credit throughout your marriage. If you’d prefer to manage it together, consider adding a stipulation to your prenuptial agreement that you both must be on board before opening any new lines of credit or incurring debt of any kind. 

4. Non-Monetary Contributions to the Marriage

Discuss the worth of non-monetary contributions to the marital household, especially if you and your spouse plan to have children together. For example, if one spouse stays at home to care for the children and complete household duties while the other pursues a career, how will the spouse be compensated for these non-monetary contributions? 

Making things like this clear in your prenuptial agreement can help you avoid confusion and headaches later on if you decide to get a divorce. 

5. Alimony or Spousal Support in the Event of Divorce

You have the opportunity to decide ahead of time what alimony or spousal support will look like for you in the event that you are divorce sometime in the future. Who will pay who and how much? Will there be any limitations or caps on how much alimony can be awarded? A prenup can work for both parties by ensuring the lesser earning spouse would get enough support after a divorce while avoiding unfair overpayment from the higher earning spouse. 

6. Who Pays the Taxes on Separate Property

Your prenuptial agreement should also include who is responsible for paying taxes on separate property. For example, if your spouse owns a vehicle solely in their name, make sure your prenup has a clause that states they are responsible for paying the property taxes, licensing fees, insurance, and other costs associated with registration of the vehicle. 

Or, you may consider including a clause about splitting tax refunds equally, or alternating who gets to claim the children as dependents on their taxes each year. An experienced Long Island divorce lawyer can assist you with determining what should be included in your prenup with regard to paying taxes and getting tax refunds.  

7. Gifts as Separate Property

Make sure your prenup documents any gifts you received personally as separate property to prevent your spouse from having claim to them in the event of a divorce. 

8. Education Expenses

If you or your spouse are seeking an education at the time of your marriage, your prenuptial agreement should document who is responsible for the costs of education and compensation for the spouse working and/or taking care of the home while the other goes to school. 

9. Disability or Death 

Although no one likes to think about the possibility of becoming disabled or the eventuality of their death, these are important things to have contingency plans for in your New York prenup. 

If you become disabled and are unable to care for yourself, how will your assets be transferred to your spouse? If you pass away, what does and doesn’t go to your spouse in terms of assets, heirlooms, etc. Having this decided in your prenup already keeps it from becoming an issue later when you least expect it. 

10. Duration of Your Prenuptial Agreement

Your prenuptial agreement should always include a clause regarding its duration. Perhaps you’d like the prenup to expire after 10 years, after which you would reevaluate your financial situation and ideally negotiate a new postnuptial agreement

Or, you may want the prenuptial agreement to stay intact for the life of the marriage. Make sure your intention regarding the length of the agreement is clearly stated and easily understandable. 

Get Help with Your Long Island Prenuptial Agreement Today 

Hornberger Verbitsky, P.C. offers document review services, including the review, drafting, and finalization of prenuptial and postnuptial agreements. Call today for your consultation at 631-923-1910 or fill out the short form on this page and we’ll get right back to you.


Call 631-923-1910 or fill in the form below

Schedule your complimentary consultation and case evaluation with our experienced attorneys today. When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.

At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below to schedule your free consultation and case evaluation.

All Fields Are Required

Divorce Lawyer Attorney Long Island NY Courts Open
Divorce Lawyer Long Island New York



Google Review of divorce longisland
Anastasia R
Anastasia R
22:45 17 Dec 20
I went to see Rob for a modification for my child custody agreement to relocate, I can honestly say that working with Rob and Christine has been the best experience. I cannot recommend them enough I only wish I had seen them sooner. They are prompt with communication, and they are honest which I appreciate so much. They do not give you fake promises and they do their best to fight for what you want which they do amazingly well! You can tell they are passionate about what they do and care about their clients. A very important aspect of lawyer client relationship for me is an open line of communication, the anxiety of the unknown always gets the best of us. The fact they were always available whether it be phone call or email to answer any question was extremely comforting and exactly what I needed. I am not well versed with laws and regulation so knowing I had Rob and his partners there when I was unsure or conflicted was extremely needed and greatly appreciated.When it comes to family court it's never easy but having Rob and his partner by my side I felt extremely comfortable and he helped me have realistic expectations. Please TRUST HIM!! If you're looking for a lawyer (at least for my end from child custody/Family Court) don't look any further you will not be disappointed. I hope to never have to use them again but in the event I have to, they are going to be my forever first call.
Sam Berg
Sam Berg
15:42 16 Sep 20
I hired Robert to handle a child custody and child support matter. He was prompt and professional and was able to achieve a result that 3 prior attorneys could not. He and his staff made a stressful situation easy. I highly recommend his office.


  • 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!
  • I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!



divorce questions answered



Long Island Divorce Guide

Fill the form to download Guide

* indicates required


Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.


Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator

Pin It on Pinterest