Section 250. Agreements relating to marriage; statute of limitations

1. The
  statute  of  limitations  for  commencing an action or proceeding or for
  claiming a defense that  arises  from  an  agreement  made  pursuant  to
  subdivision  three  of  part B of section two hundred thirty-six of this
  article entered into (a) prior to a marriage or (b) during the marriage,
  but prior  to  the  service  of  process  in  a  matrimonial  action  or
  proceeding, shall be three years.
    2.  The  statute  of limitations shall be tolled until (a) process has
  been served in such matrimonial action or proceeding, or (b)  the  death
  of one of the parties.
    3.  The  provisions  of  this  section shall not apply to a separation
  agreement or an agreement made during  the  pendency  of  a  matrimonial
  action or in settlement thereof.