Linda Rosenthal, a Matrimonial and Family Law Partner, was interviewed and quoted extensively on both pre-nuptial and post-nuptial agreements in the recently released, Broke Millennial Talks Money: Scripts, Stories, and Advice to Navigate Awkward Financial Conversations, by Erin Lowry (author of Broke Millenial and Broke Millenial Talks Investing).
"'You would not enter into a new business with someone, even a really good friend, without making an operating agreement that outlines a potential dissolution plan for your partnership,' says Linda Rosenthal, a matrimonial lawyer and partner at McLaughlin & Stern in New York City. 'When you enter into a marriage, which is an economic contract, it's an optimal moment to make an operating agreement and a dissolution plan from a place of generosity and love.'"
"'Everyone has their own sense of fairness," says Rosenthal. 'Everyone designs their own ecosystems within their marriage for how to manage their money. Without actually entering into a contract - a prenup - the law may well do an override, or at least you should understand that it presupposes what constitutes a fair ecosystem created in the marriage.'"
The book quotes Rosenthal at length and recounts, among other points, "For [Linda] Rosenthal, part of the process that's also important to incorporate is an understanding of the rules that will govern your marriage (a.k.a the laws of your state). [Rosenthal] points out that a Church will often require an engaged couple to have a few sessions to sit and talk through guidelines and principles. 'You should meet with someone, even if you aren't going to get a prenup, so you can understand what the rules are,' says Rosenthal."
The book also tackles the issue of potentially securing a post-nuptial agreement, relying again on Rosenthal: "I'm a big proponent of postnups," says Rosenthal. "Any time someone makes a decision that impacts them financially and is somehow in reliance on the partner's earning capacity (e.g., being a stay-at-home parent to children), I think that should be an occasion for a postnup - You're changing a fundamental aspect of your economic partnership - the name of the game."
For questions, or to discuss any aspect of matrimonial and family law, Linda Rosenthal can be contacted directly at lrosenthal at mclaughlinstern.com or (212) 455-0358.