Category Archives: Prenuptial/Antenuptial Agreement

In the News

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Below is a roundup of our attorneys’ recent awards, recognitions, media, and other accomplishments from around the country.

Girlfriends, Boyfriends, Dating, and Divorce: Oh My!
May 29, 2024 – Blank Rome partner Alan R. Feigenbaum will join Judge Matthew F. Cooper (New York State Supreme Court, Retired) to present “Girlfriends, Boyfriends, Dating, and Divorce: Oh My!” a Federal Bar Association myLawCLE program being held Wednesday, May 29, 2024, from 1:00 to 2:40 p.m. EDT, as a live online webinar.

Marilyn B. Chinitz, Kristina Royce, and Brett S. Ward Recognized in Variety’s Legal Impact Report 2024
April 17, 2024 – Blank Rome is pleased to share that Matrimonial & Family Law partner Marilyn B. Chinitz and practice co-chairs and partners Kristina Royce and Brett S. Ward have been recognized in Variety’s 2024 Legal Impact Report.

Following in the Footsteps of Trailblazers and Serving as Role Models Today for the Next Generation of Women
April 17, 2024 – In this Love Bytes blog post, Stacy D. Phillips shares her feelings on women as trailblazers and how they can influence the generations to come.

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A Divorce Court Prioritizes a Family’s Best Interests

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New York Law Journal, March 29, 2024 ●

Alan R. Feigenbaum ●

At times, this author has noticed a certain level of dejectedness among matrimonial lawyers in the post-pandemic world, and that includes yours truly. The feeling stems from what many matrimonial lawyers have told me is a sense that our judicial system is understaffed, and in desperate need of more resources.

More specifically, I hear about (and experience) a growing number of motions that are left undecided, judgments of divorce that seem to take eons to get signed (and then entered), and clients who are, accordingly, left somewhat disillusioned by the process.

But most concerning is a sentiment I’ve started to hear recently, which is that the best interests of families are not being prioritized, and not out of any ill will, but simply because our judicial system is overwhelmed and cannot practically keep up with the relentless flow of divorce cases that enter the system daily.

Perhaps that is why, when I read Judge Victor G. Grossman’s recent decision in J.H. v. C.H., 2024 NY Slip Op 50220(U) (Supreme Court, Putnam County), I couldn’t help but smile in complete satisfaction from start to finish, because in this case, a divorce court did what we, as matrimonial lawyers, can only hope for: it prioritized the best interests of a family.

Read more on our website.

Let’s Imagine a Ban on Prenuptial Agreements

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New York Law Journal, March 5, 2024 ●

Alan R. Feigenbaum ●

Let us begin this writing/reading experience by clearing the air right from the start: the answer is “no”—this author does not believe that prenuptial agreements should be banned. We live in a free country, with free will, and the freedom to enter into contracts is a staple of American jurisprudence.

We tell our clients, rightfully so, that prenuptial agreements are intended to provide certainty to a point where the soon to be newlyweds can rest assured that issues of equitable distribution, spousal support, and rights on death will be safely walled off from the prospect of litigation, or, at least the scope of potential disputes will be limited if judicial intervention becomes necessary.

But if that is the case, then it begs the question why we keep seeing prenuptial agreements at the center of, yes, divorce litigation. There also appears to be a growing sentiment, at least in the podcast ecosystem, that prenuptial agreements may not be worth the paper they are written on.

The title of this article is designed to provoke a discussion about the viability of prenuptial agreements. A cookie cutter, redundant discussion of the elemental components of a prenuptial agreement will, in my view, get us nowhere and answer none of our questions.

Instead, we ought to look at how prenuptial agreements are being interpreted and enforced by our courts to better understand why we, as divorce lawyers, oftentimes see prenuptial agreements as uniquely complex legal instruments that are fraught with the potential for peril.

Read more on our website.

In the News

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Below is a roundup of the recent awards, recognitions, media, and other accomplishments of our attorneys from around the country.

Chambers High Net Worth 2023 Highly Ranks Blank Rome Matrimonial & Family Law Group and Attorneys
July 20, 2023 – Chambers High Net Worth 2023 has highly ranked Blank Rome’s Matrimonial & Family Law practice group in California and New York as well as co-chairs Kristina Royce and Brett S. Ward and partners Marilyn B. Chinitz, Norman S. Heller, Lois J. Liberman, Morgan Fraser Mouchette, Stacy D. Phillips, and Mary T. Vidas.

Blank Rome’s Linda Kornfeld and Stacy D. Phillips Named 2023 Top Women Lawyers by Daily Journal
June 22, 2023 – Linda Kornfeld and Stacy D. Phillips have been named 2023 Top Women Lawyers by the Daily Journal.

Marilyn B. Chinitz Named Notable Woman in Law 2023 by Crain’s New York Business
June 21, 2023 – Marilyn B. Chinitz has been named a 2023 Notable Woman in Law by Crain’s New York Business, which recognizes “leading female attorneys in New York who are furthering justice and keeping the cogs of commerce spinning.”

Stacy D. Phillips Named a 2023 “Most Influential Person” by Los Angeles Business Journal
June 6, 2023 – Stacy D. Phillips was listed in the 2023 Los Angeles 500 Most Influential People by the Los Angeles Business Journal, marking her eighth consecutive year being honored in this prestigious listing of leaders and executives.

Stacy D. Phillips and Kristina Royce Named 2023 Top 100 Lawyers by the Los Angeles Business Journal
May 22, 2023 – Stacy D. Phillips and Kristina Royce have been named 2023 Top 100 Lawyers by the Los Angeles Business Journal.

Marilyn B. Chinitz and Lois J. Liberman Recognized in Spear’s 500 Legal Indices 2023
May 11, 2023 – Marilyn B. Chinitz and Lois J. Liberman were recognized in Spear’s 500 Legal Indices 2023 Family Law Index.

Michelle M. Gervais Recognized in Tampa’s Top Women in Law by Tampa Style Magazine
May 9, 2023 – Michelle M. Gervais was named one of Tampa’s Top Women in Law by Tampa Style Magazine.

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Love Hurts When You Ignore Your Prenup

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New York Law Journal, June 21, 2023 ●

Alan R. Feigenbaum ●

Summer is, or should be, a time for all things beautiful. Part of that beauty is encapsulated in the joy of summer, non-professional reading. But if there was ever a case to be made that professional reading should be added to your summer reading list, look no further than Judge Jeffrey A. Goodstein’s page turning decision in LSS v. MS, Sup. Ct. Nassau Cty. (NYLJ May 19, 2023).

The decision, which is factually intricate, and replete with poignant legal analysis, reads like a short story—a marriage story, in fact, although without the suffocating cliches that permeate Noah Baumbach’s “Marriage Story.”

Indeed, this marriage story involved a 47-month marriage with two parties who entered the marriage with “significant assets,” and, among other things, a dispute over $1,230 worth of electronics purchased from Best Buy. But that is not the subject of this article, although that aspect of the litigation is, believe it or not, addressed in the decision.

The decision reminds divorce lawyers that we cannot control what happens after a prenuptial agreement is signed. Life happens after a prenuptial agreement is signed, and LSS v. MS shows what can happen as a consequence of disregarding the mandate of a prenuptial agreement.

Read more on our website.

4 Conversations to Have before Tying the Knot

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Stacy D. Phillips

I love a good wedding, and even more than that, a strong, healthy marriage where both parties feel fulfilled and share control. I am going to two weddings in August, including a COVID-delayed wedding where the couple has already gotten married and had a child but are finally able to celebrate with family and friends, and the other one a new wedding.

After two years of pent-up demand due to COVID-related cancellations, rescheduling, and waiting, 2022 is predicted to be the busiest wedding season in many years, according to The Wedding Report. A good number of these may be receptions for already married couples whose weddings were derailed in 2020 and 2021, but still signify the beginning of a lifetime commitment.

While successful wedding days take months of careful planning and coordination, many couples put surprisingly smaller effort into charting out the fundamental elements and plans for their marital relationship. Having honest pre-wedding conversations with your partner about the big subjects will not only help you gain an understanding of what the rest of your life may look like, but can help mitigate, bypass, overcome, handle, or otherwise cope with control issues that could wreck your marriage. I recommend that engaged couples have open, two-way conversations surrounding their goals and expectations for family, financials, careers, and lifestyle. Ideally, these discussions should have taken place long before the engagement.

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Develop Financial Intimacy in Your Relationship: Tips for Newly Engaged Couples

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Kristina Royce

Valentine’s day has come and gone, and in its wake, newly engaged couples are preparing to embark on one of life’s great journeys—marriage. But having a successful marriage in 2022 involves more than falling in love and finding your soulmate. It requires familiarity with the innermost workings of your partnership, including your finances. While this may make your relationship feel more like a business arrangement, couples are wise to have their eyes wide open when it comes to money. There are tremendous financial consequences that can arise during a marriage, and establishing financial intimacy is key to a healthy relationship. Couples who are getting ready to wed will benefit from making this a priority. Keep in mind these key points if you’re looking to develop your financial intimacy.

1. Communicate Openly and Honestly

Financial intimacy requires an in-depth understanding of your unique financial circumstances as a couple. It is impossible without one relationship pillar: communication. Initiating open lines of communication early on in your relationship can help build a strong foundation of trust for the future, but it’s never too late. The more you know, the more prepared you are in marriage to handle any challenges or changes that can come down the line. Discuss your assets, expenses, financial goals and wealth-building strategies. Be aware of who has access to certain records, accounts and financial documents in the marriage, and whether that access is equal. By doing so, even if you were to wind up divorcing your spouse, you are less likely to feel blindsided by the financial implications.

“Develop Financial Intimacy in Your Relationship: Tips for Newly Engaged Couples,” by Kristina Royce, was published in Worth on February 15, 2022.

You can read the full article on our website. 

Protecting an Inheritance from the Ravages of a Divorce War

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Stacy D. Phillips

It is not uncommon for divorce to bring out the very worst in people, especially when a soon-to-be ex-spouse is used to being the one in control of the relationship. The contentious tug of war can even result in threats to an inheritance that you know was always intended just for you but unfortunately was not kept or segregated as it should have been.

While most people are unlikely to experience a Succession-like drama over control of a multibillion-dollar media conglomerate, you should be keenly aware that money from an inheritance received before or during a marriage can, in fact, be one of the most high-stakes exceptions in a marital estate.

Things get complicated when inherited funds are commingled with marital property or when inherited property has your soon-to-be ex-spouse’s name on title documents. And when things get complicated in divorce, they can trigger an extremely costly legal battle with the ultimate outcome decided by a judge. Continue reading →

As Wedding Season Approaches, It’s Prenup Season

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 Stacy D. Phillips

As the summer wedding season approaches, so does “prenup season.” Often, the mere mention of a prenuptial agreement (prenup) makes people uncomfortable, as if these documents and the discussions they prompt constitute a wholly unromantic anticipation of ultimate failure—even before the couple share their first dance.

High-net-worth individuals need to protect their financial interests before marriage. A carefully considered, well-crafted prenup is an insurance policy of sorts, should the marriage not work out as everyone hopes.

Here are some scenarios we see frequently in our practice that indicate the vital importance of a prenup:

  • When an individual has children from a prior marriage, to ensure that they are taken care of in the event of divorce or death during a subsequent marriage.
  • When an individual’s family has substantial wealth, to ensure that separate funds used during the marriage to purchase a home, vacation property, fine art, or other valuable assets remain their separate property (unless there is a written intention to gift it to the marital estate/community property).

What is the right time to discuss and sign a prenup? As early as possible before the wedding. Neither party should feel pressured to sign something on the eve of the wedding. Moreover, prenup discussions can bring out issues between couples that need to be addressed, perhaps even in pre-marital counseling. At its extreme, this process can make both parties reassess their readiness to marry each other. At its best, these discussions provide a forum that forces couples to work through the practical aspects of marriage: managing money, raising children, allocating responsibilities of income earners and caregivers, and possible religious differences.

While there are no one-size-fits-all agreements, here are a few cautionary aspects essential to every prenup:

  • Each party should be separately represented by an experienced matrimonial/family law attorney or estate planning attorney. Attorneys who practice in the divorce realm, however, offer an added advantage: they understand the detritus of failed marriages, so they write prenups defensively.
  • The ultimate goal is to have a clear picture of what happens in death or divorce. If the agreement is too complicated or too vague, it won’t serve its purpose.
  • There must be financial disclosure of assets and income of both parties.
  • A spouse who is successful in securing a prenup that is punitive also runs the risk of having that agreement successfully attacked in the future.
  • Be protective. Be fair. Don’t be greedy.

Prenups can prevent not only divorce battles but estate battles as well. After all, it is the peaceful resolution of family matters that matters most.