Hahamovitch v. Hahamovitch

Before they married, Dianne and Harry Hahamovitch entered into a prenuptial agreement. The two remained married for twenty-two years. In 2008, the parties filed for dissolution of marriage. The trial court concluded that the prenuptial agreement was valid. The court of appeal upheld the conclusion and concluded that the language of the agreement was broad enough to waive Dianne’s right to any asset titled in Harry’s name that was acquired during the marriage or that appreciated in value due to marital income or efforts during the marriage. The Supreme Court affirmed the court of appeal’s decision, holding that, where a prenuptial agreement provides that neither spouse will ever claim any interest in the other’s property, states that each spouse shall be the sole owner of property purchased or acquired in his or her name, and contains language purporting to waive and release all rights and claims that a spouse may be entitled to as a result of the marriage, those provisions serve to waive a spouse’s right to any share of assets titled in the other spouse’s name, even if those assets were acquired during the marriage or appreciated in value during the marriage due to the parties’ marital efforts. View "Hahamovitch v. Hahamovitch" on Justia Law