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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 28, 2026

Read Time: 4 mins

Prenuptial agreements are not just the province of celebrity couples whose relationships are splashed across the pages of tabloids. Given changes in laws, differences in net worth between the marriage parties, and the sobering statistic that almost 50% of all marriages end in a divorce, a growing number of couples who are entering traditional marriage relationships are signing prenups before they take their vows.

The family law attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. negotiate and draft prenuptial agreements for New York and New Jersey couples who are contemplating marriage. Contrary to either party’s concerns and possible misconceptions, prenuptial agreements are not an indicator of the lack of trust in a relationship, but are a protective mechanism that can benefit both parties regardless of the ultimate outcome of the marriage.

A good prenup agreement addresses both parties’ concerns.

Although a prenup can be limited to only one or a small number of issues, if the parties are putting effort into negotiating and drafting an agreement, they will be best served if they address the most common issues that every marriage might face:

Distinctions between marital property and assets that will be owned separately by either spouse;
Protections for one spouse against the other spouse’s debts, particularly with respect to unsecured debts such as student educational loans;
Dispositions of family property to keep that property from going outside of family ownership;
Estate planning considerations;
Orderly distribution of property in the event that a marriage is dissolved;
Definitions of each spouse’s responsibilities in the marriage, particularly with respect to business and retirement benefits, tax filings, debt and expense management, and dedication to one or the other spouse’s career.

In many cases, addressing these matters early on can help strengthen the marriage by adding clarity and communication before the matter becomes too difficult to handle.

As a matter of law, certain issues will not be enforced in prenup agreements.

Different states vary with respect to issues that are precluded from consideration in prenup agreements, but most states will not enforce certain specific matters:

Agreements regarding illegal conduct;
Child support and custody issues (divorce and family courts have the final approval on support issues);
Certain forms of alimony waivers or limitations, which will be struck down even if they are deemed to be unfair or if they leave a spouse destitute;
Anything that encourages the parties to separate or divorce;
Personal matters, such as where the married couple will spend holidays, and which party will be responsible for particular chores.

Considerations of state law are very important in prenup agreements.

Every state treats marriage and divorce differently, and the parties to a prenuptial agreement should consider the effect of a particular state’s laws on their prenup should they need to enforce that agreement at some future time.

New York and New Jersey, for example, favor equitable distribution of marital property in the event of a divorce, whereas other states treat marital assets as community property that is divided equally without consideration of equitable issues. If the parties relocate not a state that treats marital property differently than anticipated, their intentions in their prenup agreement may not be followed if the agreement does not address state law considerations.

In all cases, couples who want a prenup agreement should retain an experienced family law attorney, or ideally each individual should each retain his or her own separate lawyer to jointly negotiate and draft a prenup.

Under certain circumstances, a prenup agreement might be set aside in its entirety.

A prenup agreement may be set aside and a court might refuse to enforce any portion of it, for example, if a spouse failed to disclose all of his or her assets while the agreement was being negotiated. As with contracts in general, fraud, duress, and other conditions that are evidence of unfairness or uneven bargaining power may be grounds to set aside a prenup.

A prenuptial agreement lawyer at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. can guide you to a fair and equitable agreement that can help form the basis of a strong marriage. Call us directly to schedule a consultation with a knowledgeable and experienced prenup matrimonial lawyer.

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   Kenny Perlow 
 15 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 79 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 82 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 88 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 94 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 117 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 130 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 140 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!
  
 
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   Lynn Gill 
 141 days ago
 
 
 Trustindex verifies that the original source of the review is Google. The personnel at this business were second to none. Everyone was super responsive and amazing to work with. For any future legal needs, this will be my go-to, hands down.

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