Austin v. Austin

839 N.E.2d 837 (2005)

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Nature of the Case

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Facts

H and W met in 1984 and lived together from 1986 until 1988. They were married in May 1989. Two days prior to the marriage, on May 11, 1989, they executed the agreement. The judge found that H made the marriage conditional on the signing of the agreement and that W 'was not thrilled' about signing. Separate property listed was to be retained separately along with all appreciation in the value of that property. All other property was to be deemed marital property and subject to 'division under the laws of the jurisdiction which ultimately terminates . . . the marriage. H's assets were worth approximately $1 million, including interests in various family businesses. W's assets totaled approximately $35,000, most of which consisted of furs and jewelry. Both parties waived alimony and if the marital residence was owned by H at dissolution, H was to provide W additional support based on all the facts of the marriage. Over the 12-year marriage, they had one child. W stayed home as a full-time mother, helping out occasionally at the family's restaurant, which opened in 1999, and other businesses. The judge found that each party made an informed decision in signing the agreement. The judge determined that despite her knowing waiver of alimony, the judge thought it was unfair and unreasonable. W was 55 at the time and was awarded the marital home valued at $1,275,000, $525,000 in cash and a car. W was awarded $500 per week in child support and $1,000 per week in alimony. H appealed.