Simeone v. Simeone

581 A.2d 162 (1990)

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Nature of the Case

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Facts

At the time of marriage to H in 1975, W was a 23-year-old nurse and H was a 39-year-old neurosurgeon. H had an income of $90,000 per year and W was unemployed. H had assets of $300,000. On the eve of the wedding, H's attorney presented W with a prenuptial agreement to be signed. W signed the agreement without benefit of counsel. H's attorney did not advise W in any form or capacity. The agreement limited W to support payments of $200 per week subject to a maximum total of $25,000 total. The parties lived together for 7 years, and divorce proceedings were started nine years after the marriage. For the two years that they lived separate and apart, H satisfied the $25,000 limit. W then filed a claim in 1985, for alimony pendente lite. The prenuptial agreement was affirmed, and the alimony claim was denied. W appealed.