– from Jason A. in Cudahy, WI

Question Details:

Before my wife and I were married, we signed a prenuptial agreement. She was near retirement already and decided to retire before she was eligible for full pension benefits. However, it has been under two years, and we have realized that we are not right for each other. We have continually tried to make it work, but enough is enough. She claims that because of her early retirement due to our marriage, she does not earn enough with her current benefits. If we divorce now, will the prenuptial agreement hold? Or will I end up still owing her maintenance?

Family Law Attorney Response:

Prenuptial agreements are definitely not the “end all, be all” in the courtroom. However, many things are taken into consideration when a court decides on matters such as these. Some of these aspects are the duration of the marriage and the amount vested in the marriage.

For example, in the case of Warren v. Warren 147 Wis. 2d 704, 433 N.W.2d 295 (Ct. App. 1988), a similar situation occurred. The wife motioned the court for an award of maintenance and property division based on her loss of benefits due her through the prenuptial agreement and the subsequent act of marriage. The husband appealed and the court of appeals reversed.

I advise you to contact an attorney in order to avoid any complications during the divorce process.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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