The Supreme Court, Westchester County, recently issued a significant matrimonial decision and order clarifying that under Domestic Relations Law (DRL) §170(7), if all ancillary issues are resolved via a prenuptial or postnuptial agreement, the plaintiff is entitled to summary judgment on his or her cause of action for divorce. The decision in Fiasconaro v. Fiasconaro, Index No. 64458/2019 (July 13, 2021) (Nancy Quinn Koba, J.) demonstrates the critical importance of a well-drafted, rock-solid prenuptial or postnuptial agreement in the era of no-fault divorce.
The Facts
The defendant wife had commenced two earlier divorce actions, which were discontinued when the parties reconciled. The latter action, filed in 2007, resulted in a postnuptial agreement dated Aug. 14, 2009 (the agreement). The agreement was the product of extensive discovery and negotiation, with both parties represented by experienced matrimonial counsel. The agreement: (1) defined and identified each item of separate and marital property; (2) described how after-acquired property would be classified and distributed; (3) described the mechanism and the timing for distributing the marital property, both real and personal; (4) provided child support for the parties’ child, plus maintenance to the wife of $11,833 per month for five years; (5) provided that the parties had each received substantial disclosure from the other party, waived any additional discovery, and believed the agreement to be fair, just and reasonable; and (6) provided that in the event of “marital discord,” the agreement would be converted to a separation agreement. The agreement was duly signed and acknowledged.
