Legal Question in Family Law in New York

Can you have kids and not marry? Is it required by law that you be married in order to have and raise children?

Next question: If you and your significant other decide to split, is there still alimony involved or any type of repayment? Are there advantages, disadvantages to having this type of arragement? Or is it better to be married and have a pre-nup?

Last question, if you have a pre-nup, what are the limitations of it?


Asked on 2/02/10, 11:09 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. Can you have kids and not marry? Is it required by law that you be married in order to have and raise children?

A. You may have children and not marry. Look at Sarah Palin's daughter.

Q. If you and your significant other decide to split, is there still alimony involved or any type of repayment?

A. No "palimony" in NY. However, if you have children you are still responsible for child support.

Q. Last question, if you have a pre-nup, what are the limitations of it?

A. This is a very broad question. A premarital agreement is a contract - like any other. Sometimes the contract is good. Sometimes it is bad. It depends on the language in the contract and the situation.

Mike.

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Answered on 2/07/10, 11:35 am


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