November 08, 2024 | New York Law Journal
Financial Disclosures in Prenups: The Legal, Personal, and Strategic ConsiderationsThough financial disclosure is not required by law in New York, it does make a prenup less likely to be legally challenged. However, the benefits are not just legal. In her article, Alyssa Rower looks at the different "levels" of financial disclosure through various lenses: legal enforceability, psychological and emotional well-being, and negotiation considerations.
By Alyssa Rower
8 minute read
October 01, 2024 | New York Law Journal
Ensuring That Trusts Created During a Marriage Survive a DivorceThe treatment of trusts in divorce proceedings can complicate what might otherwise seem like straightforward estate planning.
By Alyssa Rower and Karina VanHouten
8 minute read
September 17, 2024 | New York Law Journal
Splitting the (Painting of the) Baby: The Issue of Fine Art in Prenups and DivorcesUnder the backdrop of the case 'Macklowe v. Macklowe,', the authors discuss how many of the unique challenges that fine art poses in a divorce can be preempted with a prenuptial agreement.
By Alyssa Rower
8 minute read
August 29, 2024 | New York Law Journal
Balancing Roots and Rights: Innovating Marital Residence Provisions in Prenuptial AgreementsOne of the most significant, and oftentimes complex, pieces of prenuptial agreement negotiations relates to residences purchased during the marriage. A creative and proactive approach is called for.
By Alyssa Rower and Jaime St. Peter
8 minute read
July 24, 2024 | New York Law Journal
The Art of Drafting Enforceable PrenupsEven though it is very difficult to set aside a New York prenup, it is not impossible.
By Alyssa Rower
8 minute read
June 27, 2024 | New York Law Journal
Discretionary Trusts Present Vulnerabilities to Beneficiaries Without Prenuptial AgreementsIn New York, assets held in trusts established and funded by a third-party for the benefit of a spouse are excluded from the marital property estate; however, if the beneficiary has access to a discretionary trust during the marriage, certain issues may still arise in a divorce.
By Dilpreet Rai and Alyssa Rower
8 minute read
June 13, 2024 | New York Law Journal
Have Your Cake and Eat It Too: Creating the Benefits of Marriage Outside the InstitutionWhile an unmarried couple may sit outside the costs and benefits of marriage, they also face a unique set of risks. Financially and legally, there is usually one half of a couple who is better off with the legal rights afforded by marriage and one who is not. It is important to understand those rights before deciding whether to get married.
By Alyssa Rower, Nicole Hurley and Jamie Caponera
8 minute read
July 10, 2023 | New York Law Journal
Trust Considerations in Prenuptial AgreementsA prenup offers security by protecting trusts and other family wealth regardless of where a couple lives, changes in the law, and the relationship between the beneficiary and the trust during the marriage.
By Alyssa Rower and Karina VanHouten
8 minute read
May 17, 2023 | New York Law Journal
Dispelling Common Myths About Prenuptial AgreementsThere's a myth surrounding prenuptial agreements: after entering a prenuptial agreement, couples can rest assured that should they one day divorce, the process will be simple, neat, and painless. This is one of the most common misconceptions about prenups. This article offers the smart approach to crafting a prenup.
By Alyssa Rower
8 minute read
June 09, 2022 | New York Law Journal
Infidelity Clauses: Proceed With CautionInfidelity clauses, spurred on by popular articles and celebrity tabloids, have grown in popularity over recent years. Despite this increase in popularity, however, the legal enforceability of such clauses remains an unresolved question in most states. This begs the question: Are infidelity clauses advisable?
By Alyssa Rower, Karina VanHouten and Leo Wiswall
7 minute read