Anyone have a sunset clause in your prenup? Pros and cons?

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As a divorce attorney, whose worked on tons of stips, would not recommend a sunset clause. I would recommend a circumstance or a life event or period of time which will have you supplement and modify the pre-nup. For example, the birth of a child would cause the two of you to supplement it with custody/child support provisions. A significant income increase for one party would mean the other may be entitled to additional spousal support.

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OK, so let me explain with another example. If you have a couple where you have a SAHM, and married for 3 years. Young child. High earning spouse. The domestic relations law in NY is that someone is entitled to maintenance for about 20-30% of the LEGNTH marriage. SAHM mom gets child support, but likely not maintenance in a court of law, due to the short duration of the marriage. But she has been out of work for a while. So you negotiate for HER that she is entitled to maintenance after about a year of marriage, because the husband will likely not sign an agreement that says she gets maintenance after 6 months of marriage. You need to be married in NY for a period of 6 months in NY to even have a cause of action for a divorce. This is why timelines matter. And no, you should not plan your life according to a pre-nup. The pre-nup is a tool to keep you out of Court. That is why circumstances and time
Periods matter, not a simple “sunset clause”. Then you have to go back and re-negotiate it and as a family law attorney, you literally have no idea what unfortunate situation will arise next.

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