A recent legal case, JM v GV, has established new requirements for New York prenuptial agreements that include an alimony waiver. To ensure compliance with these changes, HelloPrenup is updating its platform and policies accordingly. The court ruled that alimony waivers must be entered into knowingly, which means an alimony waiver in a NY prenup must explicitly include:
Each party’s income at the time of the agreement.
The presumptive maintenance calculation as outlined in New York Domestic Relations Law (DRL) Sections 236(5-a) and (6).
What This Means for You
If you create a HelloPrenup prenuptial agreement in New York and you plan to waive alimony, the following new requirements apply:
Attorney Representation is Required: Each party must hire an attorney for review and representation. We offer Attorney Representation at $699 per partner. You can book attorneys directly in the platform once you've generated your document. More info on how to book here.
Specific Maintenance Calculations Must Be Included: HelloPrenup will now require explicit calculations based on the incomes of both parties. Your attorneys will write this language in for you during Representation.
By staying informed and compliant with New York law, you can create a prenuptial agreement that protects both parties.
Have questions? Reach out to [email protected] and a prenup expert will assist.
Happy planning!