In re Marriage of Pendleton

Candace Pendleton and Barry Fireman signed a prenuptial agreement two weeks before their 1991 wedding, each waiving any right to spousal or child support on divorce, each represented by independent counsel and entering voluntarily and with understanding. Despite the waiver, Pendleton sought spousal support upon filing for divorce; the couple had spent $20,000-$30,000 monthly during the marriage, and Pendleton's own separate income was roughly $4,000 a month by the time she filed. The trial court ruled the spousal-support waiver was contrary to public policy and unenforceable, and awarded Pendleton $8,500 in temporary spousal support. Fireman appealed; the appellate court held such waivers aren't automatically against public policy and sent the case back to assess whether this particular waiver was enforceable. Pendleton then appealed further.