Antenuptial Agreement Blocks Temporary Spousal Maintenance

All New York divorce lawyers, like Robert G. Smith, PLLC should take note of today’s (March 22, 2016) Anonymous v. Anonymous decision in the Appellate Division First Department, which puts another nail in the coffin of those divorce litigants who seek to challenge the spousal maintenance provisions contained in prenuptial agreements. The waiver contained in the prenuptial agreement did not contain the words “temporary support” or “interim support”.  It merely recited that the affianced couple were each “fully capable of being self supporting” and they each “waived any and all claims for spousal support and/or maintenance” both “now and in the future”.  That was enough for an Appellate Division panel which included Justices Richter (who recently authored the Gottlieb decision), Andrias and Friedman.  Justice Acosta dissented in a robust argument which highlighted prior precedent which, he argued, was to the contrary.  New York divorce lawyers should take note.  And divorcing clients should expect their New York divorce lawyers to be abreast of this ever developing body of law.