No Numbers, No Waiver: Prenups Must Show the Real Cost of Waiving Support, Court Says
Albert Einstein said, “If you can’t explain it simply, you don’t understand it well enough.” That principle is echoed in the New York Supreme Court’s 2025 decision in J.M. v. G.V., which reinforces that a spousal support waiver in a prenuptial agreement must be truly knowing and voluntary, not just signed.
The lessons from J.M. v. G.V. are particularly important when one spouse is self-represented (pro se), as the Court emphasized that a waiver is invalid unless the unrepresented spouse receives actual presumptive maintenance calculations and a clear, understandable explanation of the rights being waived. When one party is self-represented (pro se), the Court made clear that “voluntary” requires more than boilerplate language: it requires clear, plain-language disclosure of what rights are being waived and the actual presumptive maintenance figures the waiver would replace.
This ruling impacts New York prenups, and matrimonial practice, ensuring that all prenuptial agreements clearly disclose what would have been the spousal support obligations, and protects the rights of unrepresented parties.
Case Summary: In J.M. v. G.V. (2025), the New York Supreme Court held that a spousal support waiver in a prenuptial agreement is unenforceable if a self-represented party does not receive actual income figures or a clear explanation of the waiver. The Court emphasized that a waiver must be “knowing and voluntary”, stating, “Without an expressly articulated sum resulting from the statutory calculation, any ‘waiver’ by a self-represented litigant is… not knowingly made.” This ruling requires New York prenups to include full disclosures, real numbers, and plain-language explanations when a party is pro se and there is a waiver of spousal support.
Why This Decision Matters: The J.M. v. G.V. ruling raises the standard for New York prenuptial agreements. Lawyers must include presumptive maintenance calculations rather than just citing the statutory formula. Simple clauses like “the parties waive maintenance” are insufficient, and courts will closely review agreements, especially when a party was/is self-represented and/or financial disclosures are incomplete.
What Couples and Practitioner Should Know: If a prenup includes a spousal support waiver, it is best practice that both parties have attorneys who can clearly explain the rights being waived. The Court in J.M. v. G.V. emphasized that a waiver is only valid if it is “knowing and voluntary”. Proper legal guidance ensures compliance with New York family law and Domestic Relations Law § 236(B)(6)(g). If you are planning a prenup with a maintenance/spousal support waiver, make sure your agreement includes full income disclosure and actual maintenance calculations. If you already have a prenup, especially one drafted years ago, consider having it reviewed. And if you are facing a divorce, this decision may give you grounds to challenge or enforce a spousal support waiver depending on how your agreement was drafted.
New York’s stance is clear: Prenuptial agreements must be transparent, specific, and fully informed. A well-drafted agreement protects both parties, ensures compliance with New York family law, and reduces the risk of disputes over spousal support.
- Esther Schonfeld, Esq.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Parties should consult a qualified attorney for guidance regarding their specific situation.