Increased Salary Fails to Deem Prenuptial Agreement Inequitable
by
Joseph C. Maya on May. 05, 2017
Divorce & Family Law Divorce & Family Law Divorce Divorce & Family Law Family Law
Summary: Blog post about a prenuptial agreement that was upheld despite the ex-husband's increase in personal wealth.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
A prenuptial agreement may not be precluded by a court’s equitable power in the event that the parties’ financial circumstances have changed.
The parties were married on June 25, 2988. A prenuptial agreement was executed on June 24, 1988, one day before the wedding. The plaintiff filed for dissolution in 2004. At the time of dissolution, the defendant husband had been employed by General Electric, with an annual base salary of 131,000. He also held several GE stock options and participated in two executive compensation plans. Upon dissolution, the husband argued that the prenuptial agreement precluded the court from awarding alimony. The court concluded that General Statute § 46b-36a concerned agreements made on or after October 1, 1995. Because the agreement was executed in 1988, the court would govern the prenuptial agreement by the equitable rule established by common law. The trial court concluded that upholding the prenuptial agreement would be inequitable because of the change in the parties’ financial circumstances that occurred since the agreement was made.
On appeal, the Connecticut Supreme court concluded that the parties validly entered into the agreement and that its terms do not violate state or public policy. The court found the agreement an accurate reflection of the parties’ initial intention: “to keep all of [his or her] property, now owned or hereafter acquired, free from any claim that might otherwise be acquired by reason of the marriage, or any dissolution thereof." The court concluded it could not rewrite a contract to which the parties already agreed.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com
Source: Crews v. Crews, 989 A.2d 1060 (Conn. 2010)
