PrenupsAI

Evidence-package comparison

New York vs. Illinois

New York's package begins with a deed-style acknowledgment formality, while Illinois uses a signed-writing rule and codifies disclosure, hardship, void-marriage, and limitations provisions in its uniform act.750 ILCS 10/3750 ILCS 10/7(a), (c)750 ILCS 10/7(b)750 ILCS 10/8750 ILCS 10/9N.Y. Dom. Rel. Law § 236(B)(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 →
IL

Illinois

Illinois Uniform Premarital Agreement Act, 750 ILCS 10/3–9: formalities, content, child support, amendment, enforcement, hardship, void marriages, and limitations.

Tier
section verified
Authorities
8
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)
Illinois
No dedicated record

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

formalities

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.

Illinois
750 ILCS 10/3

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

750 ILCS 10/3

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.

Illinois
750 ILCS 10/7(a), (c)

Illinois addresses voluntary execution and an unconscionability framework involving disclosure, written waiver, and adequate knowledge.

750 ILCS 10/7(a), (c)

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)
Illinois
750 ILCS 10/7(b)

A court may require support to avoid undue hardship from circumstances not reasonably foreseeable when a support provision was executed.

750 ILCS 10/7(b)

limitations

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.

Illinois
750 ILCS 10/9

An applicable limitations period is tolled during marriage while identified equitable defenses remain available.

750 ILCS 10/9

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

750 ILCS 10/3

Illinois premarital-agreement formalities

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

  • It is enforceable without consideration.
permitted subjectsstatute

750 ILCS 10/4(a)

Illinois permitted subjects

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

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

750 ILCS 10/4(b)

Illinois child-support limitation

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

    amendment revocationstatute

    750 ILCS 10/6

    Illinois amendment or revocation

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

    • The amendment or revocation is enforceable without consideration.
    financial disclosurestatute

    750 ILCS 10/7(a), (c)

    Illinois voluntariness and financial disclosure

    Illinois addresses voluntary execution and an unconscionability framework involving disclosure, written waiver, and adequate knowledge.

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

    750 ILCS 10/7(b)

    Illinois unforeseen-hardship support rule

    A court may require support to avoid undue hardship from circumstances not reasonably foreseeable when a support provision was executed.

    • The rule applies to a provision modifying or eliminating spousal support.
    void marriagestatute

    750 ILCS 10/8

    Illinois void-marriage rule

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

      limitationsstatute

      750 ILCS 10/9

      Illinois limitation-of-actions rule

      An applicable limitations period is tolled during marriage while identified equitable defenses remain available.

      • The statute names laches and estoppel as available equitable defenses.