Antenuptial Agreement Guides Court in Broward Divorce Terms

Alimony, an antenuptial agreement, real estate appreciation in non-marital assets, and income calculations were among the items addressed in Weymouth v. Weymouth, Case No. 4D10-873 (FL Dist. 4 Ct. App., Apr. 11, 2012).

Highlights of the Appeals Court ruling include:

• Passive appreciation of the Broward County home was marital property subject to equitable distribution, even though the home remained titled in the husband’s name alone prior to and during the marriage.
• The parties should equally split the proceeds of the sale of a North Carolina property acquired during the marriage.
• The Appeals Court agreed that adultery was the basis for the dissolution.
• The trial court will need to reconsider the issue of the wife’s needs for purposes of alimony in light of the fact that she will need to secure alternative housing in Broward County.

Case Background

The parties were married in 1993. Shortly before their marriage, the parties executed an Antenuptial Agreement prepared by the husband’s attorney. The Antenuptial Agreement contained a schedule of all the husband’s assets and liabilities prior to the execution of the agreement.

Paragraph 3 of the Antenuptial Agreement provided that the wife would “hereby forever remise, release and quit claim all right, title and interest she might have or otherwise could have . . . to any property owned prior to marriage . . . by Michael and specifically waives any and all claim or claims which she might have in and to the real and personal property of Michael, owned prior to marriage . . . .”

Paragraph 4 provided that all “property acquired by either of them during the marriage (other than property acquired by either of them by gift or inheritance)” is marital property. The Antenuptial Agreement did not, however, contain an express waiver of growth or appreciation of pre-marital or non-marital assets.

Paragraph 11 of the Antenuptial Agreement provided that the parties “specifically waive any claims against the other for alimony . . . unless the basis for the dissolution is adultery, physical abuse, mental or emotional abuse.” Furthermore, “[i]n the event of adultery, physical abuse, or mental or emotional abuse, either party shall be able to seek alimony and support from the other pursuant to Florida law; except that adultery or abuse may not be used against the party obligated to pay alimony or support.”

A full copy of the ruling in Weymouth v. Weymouth is available on request from attorney Marcy Resnik, Esq.

Contact a Fort Lauderdale Divorce Attorney

If you have questions about a divorce or dissolution of marriage, contact Fort Lauderdale divorce attorney Marcy Resnik. You can contact her online or call her at 954-321-0176.