Those who are married or about to be married should always be thinking about planning their finances together. Speaking with an attorney about what specific steps they can take today to ensure any future distribution can help avoid future problems. Most people have heard about prenuptial agreements, but fewer are familiar with postnuptial agreements. Even if you have been married for many years, it’s never too late to enter into an agreement that protects your union with the help of a family law attorney.
Our team of marital agreement attorneys can work with you and advise on executing a martial plan that best fits your needs.
The team of family law attorneys at Tully Rinckey draws from over 100 years of combined experience practicing law. Our attorneys routinely service clients throughout the Capital Region to include Albany, Schenectady, Saratoga, Rensselaer, Columbia, Warren, Schoharie and Greene counties. Our attorneys have been representing clients in these courts for over 25 years and are highly regarded in each county court.
Each type of martial agreement is different and our team of attorneys are here to guide you through the process of how these arrangements can affect you both at the present time and in the future. Each agreement is tailored to your specific needs. It is our role to consider all phases of your life to create a marital agreement that meets your objectives. Whether you are planning your finances together, assessing support options, or planning property ownership, our team of attorneys can help.
Our Capital Region Martial Agreements team is led by New York State Family & Matrimonial Practice Head Barbara King who brings over three decades of experience handling all types of martial agreement matters. Barbara prides herself on the level of detail she provides for her clients when constructing martial agreements and creating a positive experience by working with them to better understand their current rights and future needs.
Partner Michael Belsky works alongside Barbara in assisting Capital Region clients with their martial agreement and bring over two decades of experience in family law. Mr. Belsky makes it a priority that his clients fully understand each legal issue that their agreements cover and that they are involved in each step of the process in figuring out the appropriate terms of their agreement.
The Capital Region Family Law attorneys at Tully Rinckey are readily available to advise you on your specific martial agreement needs. To schedule an initial consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at (888) 529-4543 or firstname.lastname@example.org
You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.
These types of agreements become effective upon marriage and are made prior to marriage and at a time when couples are about to begin a new chapter of their lives. While often times couples have negative stereotypes regarding prenuptial agreements, these agreements are very important to plan and protect yourself in the future. A prenuptial agreement can be custom tailored to your needs. Some of the more common purposes for having these agreements in place include:
Agree to property rights and ownership of property acquired during the marriage
Protect assets held prior to marriage from potential distribution
Entitlement, or lack thereof, to a prior or current estate / inheritance
Protect children from a prior marriage or relationship as to their inheritance rights
Set amount and duration of spousal maintenance in event of a divorce or separation
Waive rights to spousal maintenance, equitable distribution or counsel fees in case of divorce or separation
A couple cannot waive rights in regard to custody or support of children with a prenuptial agreement. Child custody, support, and visitation always remain governed by the child’s needs and best interests.
It is essential to have an attorney both prepare and review these documents to ensure their validity. In any contract, certain formalities are essential to be valid and enforceable by the courts.
Postnuptial agreements are made during a couples’ marriage. Often times couples elect to enter into these agreements for asset protection and planning purposes. Our family law attorneys provide you with a thorough perspective when representing our clients in drafting postnuptial agreements to make sure all appropriate topics are covered. Some of the more common purposes for having these agreements in place include:
Division of assets, liabilities, income, and expectations of gifts and inheritances
Payment of post-marital debts and the parties’ responsibilities
Protection of assets and inheritance interests of children in the event of divorce.
Ownership of post-marital property in reference to appreciation, gains, income, dividends and proceeds in the event of divorce
Ownership of a marital residence and secondary homes
Clarification of what will happen to the marital property, jointly or individually owned, such as artwork or jewelry in the event of divorce
Agreements regarding spousal support
Separation agreements are formal written agreements between you and your spouse which outline the issues of custody, support, and asset and debt distribution. The Agreement is commonly presented to the Court when a divorce is finalized. Our attorneys understand the importance of meeting as many of your current and future life goals as possible. Attention to detail is extremely important while crafting these agreements, even down to appreciating the tax effects and your future financial needs. Common topics addressed within a separation agreement include:
Custody and parenting time
Financial responsibility for joint bills and debts
Disposition of the marital home
Tax refunds and deductions
Division of assets, including retirement accounts
Medical and life insurance coverage
If you have chosen cohabitation over marriage – you are not alone. Cohabitation between unmarried partners has increased substantially in the last 40 years. However, unless you define your partnership through a legal contract, the law may view you as strangers in the case of a breakup or death. In recent years, the concept of cohabitation has expanded to include any two partners who have integrated their residence, property and daily lives. It is often seen as a starting point for people headed toward marriage, but can also be an ultimate arrangement for couples who don’t want the social, personal or legal commitment that marriage represents. Common subjects included in cohabitation agreements include:
Distribution of property in the event of death or breakup
Obligation of financial support during the relationship or upon its dissolution
Payment of debts
Division of principal residence upon breakup of the relationship or death
Definition of support, custody, or visitation rights for children
Determination of right to serve as guardian in event of incapacitation
When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States and overseas, we make sure you receive legal counsel and representation you can trust.
Commitment to Our Clients
Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.
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At Tully Rinckey, we work relentlessly to ensure our ethical standards and level of professionalism surpass what is expected of us by our clients and the court. Our high ethical principles call us to treat clients with respect, offer affordability to members of the communities we serve, and provide composed and dignified representation.
Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.
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