Austin v. Austin
Supreme Court of Massachusetts
839 N.E.2d 837 (2005)
Relevant factsFree
Two days before their wedding, Craig and Donna Austin signed an antenuptial agreement, drafted by Donna's own attorney, in which both waived alimony. After 12 years of marriage, during which Craig ran several businesses and Donna, who had only a high-school education, stayed home raising their child, Donna filed for divorce at age 55. The trial judge awarded Donna the marital home (worth over $1 million), $525,000 in cash, and weekly alimony and child support despite the waiver; Craig appealed the alimony award.
IssueFree
Whether an antenuptial agreement that waives alimony may be enforceable if it was valid at the time of execution and is fair and reasonable at the time of divorce.