Postnuptial Agreement Attorney in Staten Island

Protecting What You’ve Built Together, After “I Do”

A postnuptial agreement is a written contract spouses enter into after marriage, addressing property division, spousal maintenance, and related financial matters. It serves the same protective function as a prenuptial agreement but handles the more delicate reality that the wedding has already happened. At The Law Office of Keith M. Casella, P.C., I draft these agreements for Staten Island couples with the same close, trust-based approach I bring to prenuptial work because the conversation doesn’t get easier just because it’s overdue.

Every postnuptial agreement I prepare is built around your specific circumstances. No template gets handed to you without context, and no financial detail gets glossed over. If your situation has changed since your wedding day, a carefully drafted agreement can bring clarity to what comes next.

Ready to talk through whether a postnuptial agreement makes sense for you? Call The Law Office of Keith M. Casella, P.C. for a confidential, complimentary consultation at (718) 550-4152.

What New York Law Requires for a Valid Postnuptial Agreement

New York’s Domestic Relations Law 236(B)(3) governs agreements made during marriage. To be enforceable in a matrimonial action, the agreement must be in writing, signed by both spouses, and acknowledged in the same formal manner required to record a deed. That last requirement isn’t a technicality you can skip. In Matisoff v. Dobi, New York’s Court of Appeals struck down a premarital agreement that was signed but not properly acknowledged, confirming that this deed-style acknowledgment requirement applies just as strictly to agreements made after marriage.

Beyond the formalities, the agreement must be voluntary and free of fraud, duress, or coercion. Courts will also scrutinize any agreement that appears unconscionable, meaning so one-sided that enforcing it would be fundamentally unfair. Full financial disclosure between spouses strengthens enforceability, and when each spouse has independent legal counsel, courts may view the agreement with less skepticism.

What a Postnuptial Agreement Can Address

A well-drafted postnuptial agreement can resolve a wide range of financial and property questions that often become contested during divorce proceedings.

Key provisions commonly covered include:

• Property classification: Defining which assets are separate property and which are marital property, so equitable distribution doesn’t swallow an inheritance or a business you brought into the marriage
• Spousal maintenance: Setting the amount and duration of support payments, provided those terms are fair at the time of signing and not unconscionable when enforced
• Testamentary provisions: Including arrangements tied to estate planning or a waiver of the right to elect against a will

One boundary worth knowing: provisions addressing custody, care, or child support remain subject to New York’s best-interests standard under Domestic Relations Law 240. A court can revisit those terms regardless of what the agreement says, so I don’t frame those issues as settled when they legally can’t be.

Serving Staten Island Couples Through the Richmond County Courts

I’ve been handling family and matrimonial law matters in New York for more than 20 years. If a postnuptial agreement is ever challenged during a divorce, that dispute would be heard in the Matrimonial Part of Richmond County Supreme Court, the same local court where I regularly work through separation and divorce proceedings. That familiarity can matter when enforceability is on the line.

The Law Office of Keith M. Casella, P.C. is a family-owned and operated firm. I don’t pass clients off to associates or treat sensitive financial conversations as routine intake. When you bring me something as personal as a postnuptial agreement, I give it the same genuine attention I give every matter in my practice: focused on what you’re actually facing and where you want to land.

Start with a Confidential Consultation

Whether your finances have changed, a new business is involved, or you and your spouse simply want to put expectations in writing, I’m here to work through it with you honestly. The first step is a complimentary, confidential consultation where we can talk through your situation without pressure or obligation.

Call The Law Office of Keith M. Casella, P.C. today at (718) 550-4152 to schedule your consultation with a postnuptial agreement lawyer serving Staten Island.