Sidden v. Mailman
Court of Appeals of North Carolina
529 S.E.2d 266 (N.C. Ct. App. 2000)
Judy Sidden and Richard Mailman (defendant), while still married but separating, agreed on a distribution of marital assets based on a list Mailman drafted, which omitted his $158,100 retirement account (which Mailman claimed was inadvertent); after divorcing, Sidden sued to challenge the distribution agreement's validity, alleging Mailman's omission constituted fraud, but the trial court ruled for Mailman, finding Sidden's fraud claim failed because she hadn't specifically pled breach of fiduciary duty. Sidden appealed.
Whether a husband and wife are generally in a fiduciary relationship, unless they have divorced and become adversaries negotiating over the terms of a separation settlement agreement.