When it comes to relationships, few people have seen as much as Blank Rome’s Marilyn Chinitz. Over the course of her distinguished career, the renowned New York matrimonial attorney has represented everyone from investors, private equity principals, and hedge fund managers to entrepreneurs and public figures navigating some of life’s most personal challenges. She has been instrumental in building her law firm’s industry-leading matrimonial and family law practice and is one of the most trusted voices on the realities and complexities of marriage, divorce, and financial planning. We spoke with Chinitz about what couples should know before saying “I do,” and why having a conversation about money may be one of the smartest things a couple can do.
Have attitudes changed towards prenups?
MARILYN CHINITZ: Years ago, people viewed prenups as planning for divorce before marriage even began. Today, couples are viewing the process as fostering honest conversations about money before marriage. Just as couples purchase insurance, prepare wills, or establish trusts, many view a prenuptial agreement as part of responsible financial planning rather than a sign of mistrust. Prenups are not just about what happens if there is a divorce — they address what happens in the event of a death in an intact marriage and protections afforded to the surviving spouse.
Why is it important to discuss finances before marriage?
MC: People often bring different views on spending, saving, investing, risk tolerance, debt management, and even supporting extended family. Financial transparency is critical. I tell clients: don’t bury your head in the sand. Get the facts early. Understanding each other’s finances prevents resentment later. A well-drafted prenup requires disclosure of assets, liabilities, and income. Without full disclosure, you cannot evaluate what rights you’re giving up or whether the agreement is fair.
What if one family is insisting on a prenup?
MC: Wealthy families who have built wealth over decades, if not generations, often want to ensure that assets — especially trusts, operating businesses, or investment portfolios — stay within the family and intended succession structure. Often, the request for the prenup comes from parents or grandparents and generally has less to do with distrust of a spouse and more to do with wealth preservation and risk management as the wealth is often structured not just for one child but for siblings, descendants, and charities. But there is a potential problem: separate property wealth is not marital property, but it can shape the marital standard of living, and the law treats those concepts differently. You are generally not entitled to share in generational wealth, even if it funded a luxurious marital lifestyle. However, that lifestyle is highly relevant in determining spousal maintenance and child support because it reflects the economic reality of marriage.
Many people believe prenups don’t hold up in Court. Is that true?
MC: Not at all. In New York, prenuptial agreements are generally enforceable and routinely upheld by the courts unless shown to be the product of fraud, overreaching, duress, failure of consideration, or failure to provide disclosure. In fact, courts will enforce a prenup even when the agreement may not be favorable to one side. The key is making sure the prenup is properly prepared and negotiated. The burden of establishing fraud, duress, or overreaching is on the party seeking to set aside the agreement.
What are the biggest benefits of a prenup?
MC: One of the most important benefits is defining what is separate versus marital property. For example, without a prenup, a spouse may have a claim to the appreciation of a premarital asset if their efforts contributed to its growth during the marriage. A carefully drafted agreement can protect the appreciation of separate assets and clearly establish what belongs to whom.
What about couples who didn’t sign a prenup?
MC: It’s not too late. Postnuptial agreements have become increasingly common. If circumstances change during a marriage — whether through business success, inheritance, real estate acquisition, or another significant financial event — a postnup can help couples protect assets moving forward. Refusing to sign a prenup does not leave you unprotected; it means you are protected under the statute of your state and court discretion rather than a negotiated contract.
How often do people insist on a Sunset Clause?
MC: Couples often include a “Sunset Clause” in their prenups, which automatically terminates the provisions regarding property distributions or spousal maintenance after a fixed date. Instead of the prenup lasting indefinitely, the couple may agree that after a set number of years of marriage or the birth of children, the agreement either becomes void in whole or converts to a modified set of terms.
After a prenup is signed, what advice do you have for your client?
MC: A prenup reflects the financial circumstances and expectations when it was signed. Those circumstances and expectations can materially change over time, especially if wealth significantly increases. It may be prudent for spouses to periodically revisit their financial arrangement to ensure it reflects their shared reality. Let’s face it — life changes.
Bottom line: To prenup or not to prenup?
MC: There is no one-size-fits-all answer. Whether you’re entering a first marriage, a second marriage, or bringing significant assets into the relationship, having an honest conversation about money is always worthwhile. A prenup isn’t about planning for divorce. At its best, it’s about starting a marriage with clarity, transparency, and a shared understanding of the future
“To Prenup or Not to Prenup,” by Erika Katz was published in Hamptons Social Magazine on August 12, 2026.