– from Brian K. in Cudahy, WI

Question Details:

Before we were married, my wife and I signed a prenuptial agreement. We based the agreement around death, but not divorce. We were very much in love… at the time. We are now getting a divorce. Will the prenuptial agreement be applied to the divorce?

Family Law Attorney Response:

There is not a whole lot of information to go on here, but generally, the answer is no. A prenuptial agreement is only equitable and enforceable based on the language of the agreement.

This is noted in the case of Levy v. Levy 130 Wis. 2d 523, 388 N.W.2d 170 (1986). The trial court enforced a prenuptial agreement based on the wording of death, and applied it to the divorce. The wife appealed, and the court of appeals affirmed. The wife petitioned the supreme court for review, and the supreme court reversed.

My advice is to contact a family law attorney right away to discuss the details of your case.

Dan Exner, J.D.

Family Law Attorney

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image