Prenups aren't romantic, but they are powerful. In this episode, NY matrimonial attorney Evan Schein explains what a prenup can and cannot do, why early conversations matter, and how precise drafting prevents costly fights later. We talk disclosure, fairness, and how to keep agreements current as life changes.

What you'll learn

• What a prenup is, and isn't: A financial agreement signed before marriage that can cover assets, debt, and spousal support. In New York, it cannot set child support, kid expenses, custody, or parenting terms.
• Disclosure that holds up: Why both partners should list assets, accounts, businesses, and premarital property with as much detail as possible.
• Separate vs. marital property: How to define each, and why you must specify how income from a separate business is treated during marriage.
• Fairness and enforceability: Factors courts look at later, including independent counsel, full disclosure, and whether terms were unconscionable then or now.
• Avoiding the "muddy middle": Clear drafting prevents contradictions and vague catch-all clauses that derail enforcement.
• Pressure is a red flag: Don't sign because the date is set. Start early, get your own lawyer, and understand real-life implications.
• Amend as life changes: You can update with a postnup or amend the prenup. Revisit every 3 to 5 years or after major life events.
• Start the conversation sooner: Talk money, lifestyle, goals, and expectations before venues are booked.

With the right strategy, you can protect love and money, reduce conflict, and set expectations that age well. You don't have to figure this out alone.

👤 Meet Our Guest:

Evan Schein is a partner with Berkman Bottger Newman & Schein. He leads the firm's litigation practice, leading a team of 28 highly regarded matrimonial attorneys.

Mr. Schein is a recognized authority on matrimonial law and litigation in New York State, with a practice focusing on issues that arise in high-net-worth and high-income divorces, as well as high-conflict child custody matters. As an experienced litigator who has tried many divorce cases and family law matters from inception through final decision, Mr. Schein is able to craft legal strategies unique to each set of facts and make strategic and tactical decisions that best represent a client's interests. His cases have resulted in reported decisions that have broken legal ground, and he has regularly represented business owners, doctors, attorneys, financial professionals, corporate executives, and high-profile individuals, as well as their spouses. In addition to his litigation work, Mr. Schein is also frequently retained to negotiate prenuptial and postnuptial agreements.

You can find Evan here:

• Website: https://www.berkbot.com/

🎙️ Your Host:

Rhonda Noordyk, CDFA® CEO of The Women's Financial Wellness Center Rhonda has dedicated her career to being an advocate for women and educating them on how financial strategies can impact their personal and professional success. Her work has shown women going through a divorce how to have a voice, be assertive, get results, be driven, and move forward with confidence.

For Rhonda and her company, the Women's Financial Wellness Center, helping women isn't just about running the numbers. It's about asking the right questions, demystifying myths and biases around finances, and helping women walk in their power. Rhonda is passionate about helping her clients navigate a broken system and level the playing field so they can achieve success—pre, during, and post-divorce.

🌟 Master Your Next Move in Divorce: Watch our FREE Masterclass and learn how to empower your divorce journey with confidence, clarity, and control.

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