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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have been with my husband for almost 16 years-married only

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I have been with my husband for almost 16 years-married only 5 of those years. I unfortunately signed a pre-nup, however I was "allowed" to retire a couple of years ago and do not make much in retirement and am too young for social security. Am I entitled to alimony?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, NY courts will enforce a validly signed prenuptial agreement as long as at the time the prenuptial was signed it was with full disclosure and the court finds that it was conscionable at the time it was entered.

You would have to attack the agreement on the fact it was not conscionable when you signed it and/or you had no time to get legal representation to review the agreement before signing or some way to get the agreement thrown out.

If you cannot get the agreement thrown out and it forbids alimony, I am afraid that even though your situation has changed since you signed the agreement you would not be entitled to the alimony. Thus, you have to get this agreement invalidated by the courts.

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