Massar v. Massar
Appellate Division of the Superior Court of New Jersey
652 A.2d 219 (N.J. Super. Ct. App. Div. 1995)
As their marriage deteriorated, Mr. Massar (defendant) and Mrs. Massar (plaintiff) signed an agreement under which he would move out of the marital home in exchange for her promise not to seek a fault-based divorce, effectively limiting her to New Jersey's no-fault option requiring an 18-month separation. About five months later, Mrs. Massar filed for divorce on grounds of extreme cruelty, alleging no new conduct beyond what existed before the agreement was signed. The trial court upheld the agreement and dismissed her petition; she appealed, arguing the agreement was unenforceable as against public policy.
Whether agreements confining a spouse to a particular cause of action for dissolution of a marriage may be enforceable.