PrenupsAI

Evidence-package comparison

New York vs. Florida

New York's package begins with subscribed-and-acknowledged execution and issue-specific domestic-relations rules; Florida uses a detailed statutory act with writing, disclosure, support, public-assistance, and void-marriage provisions.Fla. Stat. § 61.079(3)Fla. Stat. § 61.079(7)(a)Fla. Stat. § 61.079(7)(b)N.Y. Dom. Rel. Law § 236(B)(3)N.Y. Dom. Rel. Law § 236(B)(3)(3)

NY

New York

New York Domestic Relations Law sections 236(B)(1), 236(B)(3), and 240: execution and acknowledgment, property, maintenance, and child-related provisions.

Tier
section verified
Authorities
5
Reviewed
2026-07-18
Open full state guide →
FL

Florida

Florida Statutes section 61.079: formalities, content, child support, effect, amendment, enforcement, public assistance, and void marriages.

Tier
section verified
Authorities
7
Reviewed
2026-07-18
Open full state guide →

Side-by-side source map

What each package says

A blank topic is intentionally visible. The page never fills an uncatalogued state-law rule from general model knowledge.

acknowledgment

New York
N.Y. Dom. Rel. Law § 236(B)(3)

An agreement made before or during marriage must be written, subscribed, and acknowledged or proven in the manner required for a deed to be recorded.

N.Y. Dom. Rel. Law § 236(B)(3)
Florida
No dedicated record

The current Florida package does not encode this as a standalone source topic. That is a research gap, not a legal conclusion.

financial disclosure

New York
No dedicated record

The current New York package does not encode this as a standalone source topic. That is a research gap, not a legal conclusion.

Florida
Fla. Stat. § 61.079(7)(a)

Florida addresses voluntary execution, fraud, duress, coercion, overreaching, and an unconscionability/disclosure framework.

Fla. Stat. § 61.079(7)(a)

spousal support

New York
N.Y. Dom. Rel. Law § 236(B)(3)(3)

Maintenance terms are subject to statutory cross-references and fairness/reasonableness and unconscionability language.

N.Y. Dom. Rel. Law § 236(B)(3)(3)
Florida
No dedicated record

The current Florida package does not encode this as a standalone source topic. That is a research gap, not a legal conclusion.

public assistance

New York
No dedicated record

The current New York package does not encode this as a standalone source topic. That is a research gap, not a legal conclusion.

Florida
Fla. Stat. § 61.079(7)(b)

A court may require support to avoid public-assistance eligibility caused by a support modification or elimination.

Fla. Stat. § 61.079(7)(b)

Questions before comparing outcomes

What counsel should establish first

  1. 01

    Which state's law governs each disputed issue, and is the agreement's choice-of-law clause effective?

  2. 02

    Where did the parties live, sign, marry, own property, and expect to perform the agreement?

  3. 03

    Which current statutes and later cases are absent from either source-catalogued package?

  4. 04

    What execution, counsel, disclosure, waiver, and financial-knowledge evidence can actually be proved?

Every source used on this page

Comparison authorities

The complete state guides contain additional authorities and limitations beyond this focused comparison.

acknowledgmentstatute

N.Y. Dom. Rel. Law § 236(B)(3)

New York writing, subscription, and acknowledgment

An agreement made before or during marriage must be written, subscribed, and acknowledged or proven in the manner required for a deed to be recorded.

  • A premarital acknowledgment may be taken by a person authorized under the identified marriage-solemnization provisions.
permitted subjectsstatute

N.Y. Dom. Rel. Law § 236(B)(3)(1)–(2)

New York property and testamentary subjects

The statute identifies testamentary provisions and separate/marital property ownership, division, or distribution as agreement subjects.

  • An agreement may include a waiver of a right to elect against a will.
spousal supportstatute

N.Y. Dom. Rel. Law § 236(B)(3)(3)

New York maintenance provisions

Maintenance terms are subject to statutory cross-references and fairness/reasonableness and unconscionability language.

  • The text requires covered terms to be fair and reasonable when made and not unconscionable at final judgment.
child supportstatute

N.Y. Dom. Rel. Law § 236(B)(3)(4); § 240

New York child-related agreement terms

Child custody, care, education, and maintenance terms remain subject to section 240 and court review.

  • Section 240 directs courts to consider the child's best interests and retains court discretion over child support.
propertystatute

N.Y. Dom. Rel. Law § 236(B)(1)(c)–(d)

New York marital and separate property baseline

The statute defines marital and separate property and recognizes property designated separate by a section 236(B)(3) agreement.

  • Appreciation in separate property can be treated differently to the extent attributable to the other spouse's contributions or efforts.
formalitiesstatute

Fla. Stat. § 61.079(3)

Florida premarital-agreement formalities

A premarital agreement must be written and signed by both parties.

  • It is enforceable without consideration other than the marriage itself.
permitted subjectsstatute

Fla. Stat. § 61.079(4)(a)

Florida permitted subjects

Florida lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.

  • The listed subjects include establishment, modification, waiver, or elimination of spousal support.
  • The listed subjects include wills, trusts, life-insurance death benefits, and choice of law.
child supportstatute

Fla. Stat. § 61.079(4)(b)

Florida child-support limitation

A premarital agreement may not adversely affect a child's right to support.

    amendment revocationstatute

    Fla. Stat. § 61.079(6)

    Florida amendment, revocation, or abandonment

    After marriage, amendment, revocation, or abandonment requires a written agreement signed by the parties.

    • The amended agreement, revocation, or abandonment is enforceable without consideration.
    financial disclosurestatute

    Fla. Stat. § 61.079(7)(a)

    Florida voluntariness and financial disclosure

    Florida addresses voluntary execution, fraud, duress, coercion, overreaching, and an unconscionability/disclosure framework.

    • The framework addresses fair and reasonable disclosure, written waiver, and adequate knowledge.
    • The court decides unconscionability as a matter of law.
    public assistancestatute

    Fla. Stat. § 61.079(7)(b)

    Florida public-assistance support exception

    A court may require support to avoid public-assistance eligibility caused by a support modification or elimination.

      void marriagestatute

      Fla. Stat. § 61.079(8)

      Florida void-marriage rule

      If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.