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Marriage Equality Act and Prenuptial Agreements in New York

The new Marriage Equality Act in New York guarantees that all married couples are entitled to the same rights under the law regardless of whether the marriage is between a man and a woman or between two members of the same sex.

All individuals considering marriage in the state of New York should be aware of the rights afforded spouses and understand that only a valid prenuptial agreement can waive a spouse’s rights to property.  Even a valid will cannot waive a spouse’s rights under the law. Spouses in New York are entitled to a percentage of property regardless of provisions limiting their inheritance in a last will and testament.

Some think a prenuptial agreement is a document signed before marriage to protect assets in case a couple later divorces. While that is one use of a prenuptial agreement, it is also an important tool for preserving assets for children, grandchildren or other important people in our lives upon death.

Get Legal Help

Understanding your rights and those of your spouse are important factors in creating your estate planning documents. An experienced estate planning attorney can help you create a strategic plan to protect your assets and all your loved ones.  Experienced Estate Planning Attorney Elga Goodman can help you get started on making smart choices to preserve and grow your estate.  Contact us today at 973-841-5111 to learn more.

Posted in: New York Estate Planning