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One of the main reasons to enter into a prenup is that, in addition to protecting the wealth, you’re also trying to make it clean—and stay out of the press. In the state of New York, it’s a very high hurdle to try to get a prenuptial agreement overturned. Kretchmar: An interesting issue with prenups in New York City, which is within a jurisdiction where it’s really very difficult to invalidate a properly prepared, properly entered-into prenuptial agreement, is that it is not unusual to see the non-moneyed spouse still getting a little more in the settlement than the prenup entitled him or her to. The non-moneyed spouse may believe that just the idea of challenging the agreement will strike enough fear, stress, and overall agita into the moneyed spouse—in terms of not wanting to be in the courts, not wanting to be in Page Six— that he or she may be willing to pay a little more just to make it go away. T&C: When Trump ran for and then became president, Melania’s situation changed. Doesn’t she have a lot more leverage now that it’s so important that the marriage doesn’t fall apart? Might she have renegotiated the prenup? Kretchmar: Without speculating on any particular case, it’s certainly true that spouses can, during their marriage, modify the terms of an existing prenuptial agreement in response to a material event. is is done in a document called a postnuptial agreement. Sometimes postnups are used as a stopgap to an eventual divorce. Other times they are genuinely just a revision or refinement of existing rights in light of a change in the spouses’ circumstances. Newman: It’s very hard to overturn a prenup in New York.
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