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This section contains the nature of the case and procedural background.

Both parties had been married previously. W had a divorce decree giving her $75 per month. W and H entered into a contract by which if they divorced W would then get her $75 per month but this time from H instead of her prior husband. H was also obligated to maintain health insurance on W for the rest of her life or remarriage. The contract specified that neither party would have any obligation to the other for support and that each should retain their separate estates that they had before marriage. After 2.5 years of marriage, the parties separated. Enforcement of the agreement was denied by the trial court. H appealed, and it was affirmed, and then the case was heard by the Supreme Court of Kentucky.

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