New York Law (NYLE) Practice Exam

Can Susan seek alimony given the pre-nuptial agreement was not in writing?

1. Yes, because the parties were married for more than one year

2. Yes, because the pre-nuptial agreement was not in writing

3. No, because a pre-nuptial agreement denying alimony to each party was formed

4. No, because the parties were not married for up to 10 years

The correct answer is: Yes, because the pre-nuptial agreement was not in writing

The question revolves around the enforceability of a pre-nuptial agreement concerning alimony when it is not in writing. In New York, a pre-nuptial agreement must be in writing to be valid and enforceable. If such an agreement does not exist in written form, it cannot be considered binding, which leads to the conclusion that the parties may not be restricted from seeking alimony based on the terms of a non-existent or unenforceable agreement. If Susan's claim for alimony is based on the assertion that there was no valid, written agreement in place, this opens the door for her to seek alimony. The fundamental aspect here is the absence of a written pre-nuptial agreement. In the absence of a legally binding contract, Susan retains her right to pursue alimony as the court would not recognize any terms that might have otherwise limited her rights. Understanding the nuances of pre-nuptial agreements in New York reinforces this perspective, particularly that any agreement affecting marriage or alimony rights must comply with formalities to be enforceable. Given that the agreement was not in writing, it essentially implies that any provisions claiming to deny alimony lacked legal standing, and thus Susan could seek alimony without those restrictions.