In re Marriage of Cooper

Bernard Cooper (defendant) and Vergestene Cooper (plaintiff) were married when Vergestene caught Bernard cheating. In response, the couple signed a postnuptial reconciliation agreement: if Bernard was ever unfaithful again, he would accept fault in any divorce and pay Vergestene's household expenses, maintain life and family health insurance, cover their daughter's education costs, and split his future retirement payments with her. Bernard continued the affair anyway. Vergestene filed for divorce and introduced the agreement, and the district court enforced it in granting her divorce. Bernard appealed, arguing the agreement was void as against public policy.