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Pryor Cashman Associate Mark S. Randall, a member of the Family Law Group, has written an article for the Family Law Expert Guide 2025 discussing the requirements for an enforceable waiver of spousal maintenance in New York prenuptial agreements in light of the landmark J.M. v. G.V. decision (J. Sunshine, Sup. Ct., Kings Co. Jan. 2, 2025).
In "Practice Considerations for Waivers of Spousal Maintenance in Prenuptial Agreements," Mark analyzes the J.M. v. G.V. decision, in which a New York court outlined clear guidelines for satisfying the "knowing waiver" requirement for an enforceable waiver of spousal maintenance; specifically, such a waiver is not enforceable unless the party waiving maintenance knows the potential maintenance amounts under New York's post-divorce maintenance guidelines based on each party's incomes at the time of the execution of the prenuptial agreement.
Mark outlines best practices for attorneys drafting prenuptial agreements including a waiver of spousal maintenance, providing maintenance calculations, ensuring full income disclosure, and incorporating a severability clause. His article emphasizes that these steps can help avoid challenges to the enforceability of such waivers and ensure that the agreements are legally sound.
Read the full article using the PDF link above.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
