Simeone v. Simeone

1990 Pennsylvania Supreme Court

• 23-year-old nurse involved with 39-year-old neurosurgeon. They sign pre-nuptial agreement limiting what wife could get in divorce to $25,000
• 7 years later, they are separated, then divorced. Wife sues for alimony. Question is whether pre-nuptial agreement is enforceable by the court.
• Majority opinion empathizes with men, concurrence empathizes with women, dissent likes marriage.
• Public policies: Unconscionability , protection of spouses, freedom to contract, preservation of marriage and family relationship.
• Dissent believes people are less likely to get divorced if court won’t honor prenuptial agreements.
• Majority: prenuptial agreement is contract and should be treated as such.
• Courts are now recognizing that both parties are served by prenuptial agreement. Given high divorce rate and multiple marriages with multiple children from different marriage, prenuptial agreements can serve to protect other children.
• Concurrence: wife had access to counsel.

Author: international

Mentioned in these Entries

Unconscionability.