How Much Does A Prenup Cost In New York?

Written by Yonatan Levoritz on July 22, 2025

How much does a prenup cost in NY? The cost typically ranges from $3,000 to $8,000, but it can swing higher depending on your situation. What drives the price? Things like attorney fees, how detailed the agreement needs to be, and how many drafts you go through. If you’re juggling real estate, business interests, or other major assets, expect a bit more legwork and cost.

At The Levoritz Law Firm, we recognize that these discussions can be delicate, but a well-prepared prenup offers both individuals clarity and peace of mind.

Let’s get into how prenups work in New York and why getting one might make more sense than you think.

What Is a Prenuptial Agreement?

A prenuptial agreement—sometimes referred to as an antenuptial or premarital agreement—is a legally binding contract between two individuals before marriage. This document establishes the financial and property terms that would apply in the event of a separation, divorce, or death.

While couples have flexibility in shaping the terms of their agreement, any provisions that appear to promote or incentivize divorce may be deemed unenforceable under New York law, as they conflict with public policy. As such, careful legal drafting is essential to ensure that the agreement is fair and valid in the eyes of the court.

How Does a Prenup Work in New York?

In New York, a prenuptial agreement lets you and your future spouse decide how assets, debts, and finances will be managed, rather than leaving it to state law. It’s your blueprint, not the court’s.

To be valid, both parties must be transparent about what they own and owe. The prenup also needs to be fair, signed voluntarily, and executed with the same formalities as a deed, including notarization.

A New York prenuptial agreement can cover a wide range of topics, including:

• Defining Separate Property: This includes any property or assets one spouse brings into the marriage. The agreement should specify what qualifies as separate property to ensure clarity during separation or divorce.
• Division of Marital Property: Couples can decide how jointly acquired assets will be divided.
• Spousal Maintenance: Terms around alimony or waiving it altogether can be included.
• Debt Responsibility: The prenup can assign responsibility for premarital or future debts.

Factors That Affect the Cost of a Prenup

There is no flat-rate pricing for prenuptial agreements in New York City. Legal professionals typically charge hourly, or offer set packages based on the couple’s needs. Below are several key elements that can influence the final cost:

Attorney Compensation

The most significant portion of the expense generally comes from attorney fees. This includes time spent drafting the agreement, offering counsel, and incorporating feedback from both parties. Since each person is advised to have an attorney, dual representation can significantly impact the total cost.

Financial and Legal Complexity

If the agreement needs to cover substantial assets, joint business ventures, liabilities, or arrangements like estate plans or future spousal maintenance, it will demand more in-depth drafting and legal review. These complex factors naturally require more time and increase the overall expense.

Degree of Negotiation Required

When both parties are aligned, the process is smoother and more cost-effective. However, if negotiations are extensive or multiple revisions are required, attorney hours add up quickly, leading to a higher total cost.

Background and Standing of the Attorney

Rates can also vary based on the attorney’s years of practice, location, and firm size. Practitioners in Manhattan may charge between $350 and $800 per hour, while firms in other boroughs may operate at lower rates. Legal professionals with established reputations for working on complex agreements may charge a premium for their services.

Customization and Clause Depth

Highly tailored agreements with provisions on subjects like child-related issues, anticipated inheritances, or unique financial arrangements require more precision. The additional legal analysis and drafting needed for such clauses can increase costs. Certain topics—such as custody or child support—may be subject to judicial discretion and should be carefully reviewed with a qualified family law attorney to ensure they comply with New York law.

Court Filing Costs

It’s important to understand that while attorney fees can be significant, no official court filing fees are associated with executing a prenuptial agreement in New York, unless the document becomes part of a contested divorce proceeding.

On average, couples in New York City might pay between $1,500 and $7,500 for a properly drafted prenuptial agreement. In more complex or high-net-worth cases, the total can exceed $10,000.

Is a Prenup Worth the Investment?

For many couples, investing thousands of dollars in a “what-if” scenario doesn’t sit well until they consider the alternative. Divorce proceedings in New York can cost tens of thousands, primarily if disputes over property, spousal support, or debt division exist.

An explicit prenuptial agreement can help:

• Reduce litigation time.
• Minimize legal fees in case of divorce.
• Protect premarital assets and inheritance.
• Clarify expectations around finances.

Benefits of Having a Prenuptial Agreement

You don’t need to be wealthy to benefit from a prenup. It’s about being proactive, not pessimistic, and it’s a practical way to avoid future stress.

• Preserves Ownership of Premarital Assets: Protects what you had before the marriage.
• Debt Allocation: Prevents one spouse from becoming responsible for the other’s premarital debts.
• Spousal Support Provisions: Predetermine alimony or waive it altogether.
• Avoiding Lengthy Court Battles: A prenup can provide clear terms that help avoid drawn-out divorce litigation.

When Should a Couple Get a Prenup?

Start the conversation early—ideally, a few months before the wedding. Here’s why:

• No Last-Minute Pressure: Agreements signed under duress may be challenged in court.
• Time to Review and Negotiate: Rushing leads to mistakes.
• Smoother Communication: Early conversations often feel less tense and more solution-focused.

Signing too close to the wedding can cast doubt on whether both parties agreed voluntarily, which may weaken the agreement’s enforceability.

Need Help With a Prenup in NYC? Contact The Levoritz Law Firm Today

At The Levoritz Law Firm, we guide couples through creating fair and enforceable prenuptial agreements. We believe that clarity before marriage builds stronger foundations. If you’re thinking about a prenup—or just want to understand your options—we’re here to help you figure it out. Contact our NYC office today (718) 942-4004 for a confidential consultation.