LANE V. LANE 202 S.W.3d 577 (2006) CASE BRIEF

LANE V. LANE

202 S.W.3d 577 (2006)

NATURE OF THE CASE: Paula (W) appealed a decision that overturned a trial court decision of a prenuptial agreement being unconscionable.

FACTS: W and David (H) entered into an ante-nuptial agreement. W was working as a night desk clerk in a hotel earning $19,000 a year. She was twenty-nine years of age. Despite his youthful age of twenty-six, H was already a successful stockbroker at Edward D. Jones and Company, earning $166,000 per year. H was a college graduate while W had only a high school education. Two children were born of the marriage, after which W did not work outside the home as she was the primary caregiver for the children. By the time the marriage was dissolved, H had achieved great financial success. He was earning approximately one million dollars per year and he was a partner in a regional brokerage firm. According to the agreement, the parties waived their rights under the law to claim maintenance in the event the marriage was dissolved. The parties further agreed that the separate property of each would be deemed nonmarital in the event of divorce. The agreement further provided that should either party default in or breach any obligations contained, therein, the defaulting party would be responsible for attorney's fees, court costs, costs of depositions, transportation, lodging, and other related expenses. The trial court found the provisions of the agreement regarding waiver of maintenance and the imposition of attorney's fees on a defaulting party to be unconscionable. It further found H's 401 (k) plan to be marital property. The Court of Appeals strictly enforced the agreement, reversing the trial court's decision regarding maintenance and the 401(k) plan. W appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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