In New York, there is a statute that gives a surviving spouse the right to elect against the Will of a deceased spouse, if that Will leaves them with less than the greater of a third of the estate or $50,000. In a prenup, you can waive that Right of Election if circumstances warrant it. Mediation is a good place to talk about your expectations and what would be appropriate to maintain your standard of living. If you would like more information about mediation and prenups, check out my website — ClarePiroMediation.com.