Antenuptial Agreement

87 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Est. of Samuel Donner v. Anton
  364 So. 2d 742· Fla. 3d DCA· 1978-10-03 ·cited 62×
  This consolidated appeal arose from a probate dispute involving Samuel Donner's estate. Ruth Jean Donner, Donner's second wife, sought to enforce a settlement agreement requiring Donner to leave her a $1 million bequest and to enter an antenuptial agreement with any future spouse
• City Nat'l Bank OF Fla. v. Tescher
  578 So. 2d 701· Fla.· 1991-04-25 ·cited 46×
  The Florida Supreme Court held that homestead property can be devised when the owner is survived only by adult children and a spouse who has validly waived homestead rights through an antenuptial agreement. The Court approved the Third District's decision allowing the sale of hom
• Hulsh v. Rea R. Hulsh
  431 So. 2d 658· Fla. 3d DCA· 1983-05-03 ·cited 39×
  This case involves the interpretation of a testator's will and the enforceability of an antenuptial agreement waiving a spouse's testamentary rights. The court held that an antenuptial agreement validly waived the widow's rights to take under the will, but that the widow's disqua
• Nahar v. Oral Mildred Jap-A-Joe Nahar
  656 So. 2d 225· Fla. 3d DCA· 1995-06-07 ·cited 37×
  Glenda Nahar, widow of decedent Roebi Nahar, challenges a summary judgment ordering transfer of Roebi's Florida bank accounts to Aruba for distribution under Dutch law based on comity to a Dutch court's determination that Roebi was domiciled in Aruba. The appellate court affirms
• Kyle v. Kyle
  139 So. 2d 885· Fla.· 1962-04-11 ·cited 36×
  The Court held that it lacked jurisdiction to review the District Court of Appeal's decision because no conflict existed with prior Florida Supreme Court precedent.
• McMULLEN v. McMULLEN
  185 So. 2d 191· Fla. 2d DCA· 1966-04-20 ·cited 35×
  The court held that the trial court did not err in granting a divorce, rescinding the antenuptial agreement, and dividing property, as the defendant's actions demonstrated mutual abandonment of the contract.
• Weymouth v. Weymouth
  87 So. 3d 30· Fla. 4th DCA· 2012-04-11 ·cited 33×
  A Florida appellate court addressed issues arising from a dissolution of marriage with a prenuptial agreement, including the equitable distribution of assets, alimony based on alleged adultery, and life insurance requirements. The court affirmed the trial court's finding of adult
• Heiny v. Fran Pupello Heiny
  113 So. 3d 897· Fla. 2d DCA· 2013-01-25 ·cited 28×
  In this consolidated family law appeal, the Second District Court of Appeal reviewed a 2009 dissolution judgment and 2010 attorneys' fees judgment between Rudolph Heiny (husband) and Fran Pupello Heiny (wife). The court found multiple errors in the equitable distribution plan and
• Sasnett v. Odell O. Sasnett
  679 So. 2d 1265· Fla. 2d DCA· 1996-09-20 ·cited 28×
  In this dissolution of marriage appeal, the court affirmed the lower court's upholding of a valid antenuptial agreement but reversed and remanded because the alimony award of $750 per month was insufficient and the court erred in denying the wife's request for life insurance to s
• August Urbanek v. Urbanek
  484 So. 2d 595· Fla. 4th DCA· 1986-01-22 ·cited 23×
  In this family law appeal, the Fourth District Court of Appeal addresses the enforceability and modifiability of an antenuptial agreement entered into by a 59-year-old real estate developer and a 25-year-old woman. The court holds that lump sum payments under an antenuptial agree
• In re Kroger's Estate. Kroger v. Commissioner of Internal Revenue
  145 F.2d 901· 6th Cir.· 1944-12-04 ·cited 20×
  The court held that transfers made by a decedent to trusts, intended to bar a future spouse from statutory marital rights in the transferred property, are considered made in contemplation of death for estate tax purposes, even if the decedent was in good health and not motivated
• Bildner v. Bildner
  219 So. 2d 749· Fla. 3d DCA· 1969-03-04 ·cited 16×
  The court affirmed a divorce decree and lump sum alimony award, including a cash payment and transfer of the marital residence, while reversing an order for suit money and attorney fees as excessive.
• Sari Posner v. Posner
  206 So. 2d 416· Fla. 3d DCA· 1968-01-23 ·cited 16×
  A chancellor in a divorce proceeding retains sole discretion to determine alimony and is not bound by the terms of an antenuptial agreement, even if the agreement is otherwise valid; the chancellor may consider such an agreement but must independently exercise judicial discretion
• Sharps v. Sharps
  219 So. 2d 735· Fla. 3d DCA· 1969-03-04 ·cited 15×
  The court held that the antenuptial agreement was testamentary in character and a contract to make a will, and the decedent's will fulfilled this obligation, thus the appellant was not entitled to recover as a creditor.
• In re Est. OF Norman O. Sauey, Sr. v. Sauey
  869 So. 2d 664· Fla. 4th DCA· 2004-03-31 ·cited 14×
  In this probate dispute, Beverly Sauey, the surviving spouse, sought discovery of financial information from the personal representatives of her deceased husband's estate to inform her decision on whether to exercise her statutory elective share right, which she had waived via an
• Goldie Topper v. Stewart
  388 So. 2d 1270· Fla. 3d DCA· 1980-09-23 ·cited 14×
  Goldie Topper, as personal representative of Sarah Liptzen's estate, appealed the trial court's validation of an antenuptial agreement between Sarah and Sam Liptzen. The court affirmed, holding that no fair disclosure was required for an antenuptial agreement executed before marr
• In re Est. of M. Helen Surface Livingston v. Livingston
  172 So. 2d 619· Fla. 2d DCA· 1965-02-24 ·cited 14×
  The court determined that when a testator dies leaving a surviving spouse whom they married after executing their will, and the will makes some provision for that spouse, the burden shifts to the proponent of the will to prove that the provision was intended to disinherit the spo
• City Nat'l Bank OF Fla. & Elda Santeiro-Martinez v. Litem
  557 So. 2d 615· Fla. 3d DCA· 1990-02-13 ·cited 13×
  This case addresses whether homestead property is subject to devise when the decedent executed a valid antenuptial agreement with her spouse renouncing all estate rights. The court held that because the spouse effectively predeceased the decedent by waiving his spousal rights, th
• Gaffney v. Gaffney
  965 So. 2d 1217· Fla. 4th DCA· 2007-09-26 ·cited 12×
  A Florida appellate court reversed a trial court's award of lump-sum alimony to Wife in a dissolution of marriage case, holding that the marital component of Husband's FRS pension accumulated during the marriage constituted a marital asset subject to equitable distribution, despi
• The First Nat'l Bank OF Clearwater v. Brenton T. Morse, Jr.
  248 So. 2d 658· Fla. 2d DCA· 1971-05-07 ·cited 12×
  The court held that the postnuptial agreement was valid and binding, and that the wife's waiver of dower rights was effective.
• Rosasco v. Rosasco
  641 So. 2d 493· Fla. 1st DCA· 1994-08-22 ·cited 11×
  In a dissolution of marriage case, the trial court ordered the husband to escrow $51,000 in proceeds from a land sale to secure payment of the wife's attorney's fees pending resolution of the fee dispute. The appellate court reversed, holding that the escrow order constituted an
• Mead v. Mead
  193 So. 2d 476· Fla. 3d DCA· 1967-01-10 ·cited 11×
  The widow of Walter L. Mead sought to establish her rights under an antenuptial agreement, claiming entitlement to personal property in addition to real property. The court reversed a summary final decree, finding the agreement's language regarding 'lands, messuages, tenements, a
• Cohen v. Rothman
  138 So. 2d 328· Fla.· 1962-02-09 ·cited 11×
  The court held that the district court's decision did not conflict with prior precedent regarding the conditions that can be attached to a tender of payment under a contract.
• Lawhon v. Lawhon
  583 So. 2d 776· Fla. 2d DCA· 1991-08-07 ·cited 10×
  The court held that a husband's obligation to pay spousal support during marriage, including attorney's fees when warranted, cannot be waived or contracted away in an antenuptial agreement. The trial court erred in denying the wife's postjudgment application for attorney's fees s
• Wales v. Wales
  422 So. 2d 1066· Fla. 1st DCA· 1982-12-01 ·cited 10×
  Barbara Wales appealed a divorce judgment that incorporated an antenuptial agreement into the final judgment. The appellate court affirmed the trial court's finding that the agreement had not been abandoned by the parties and upheld the property division terms specified in the ag
• O'Shea v. O'Shea
  221 So. 2d 223· Fla. 4th DCA· 1969-03-26 ·cited 10×
  In this divorce appeal, the Florida District Court of Appeal reversed a trial court's decision that awarded all jointly held property to the wife, holding instead that the parties should be deemed tenants in common. The court found that the wife had voluntarily transferred her pr
• Commissioner of Internal Revenue v. Copley's Estate
  194 F.2d 364· 7th Cir.· 1952-02-26 ·cited 10×
  The dissent argues that the Revenue Act of 1932 imposes a gift tax on the actual transfer of property, not on the promise to transfer.
• Tillman v. Smith
  526 So. 2d 730· Fla. 5th DCA· 1988-05-26 ·cited 9×
  Virginia Savage Smith, the surviving spouse of Elmer Smith, sought her elective share of his estate despite an antenuptial agreement waiving spousal rights. After the trial court awarded her the elective share and permitted her attorneys to collect $193,250 in fees from the estat
• Cottman v. Cottman
  418 So. 2d 1241· Fla. 4th DCA· 1982-09-08 ·cited 9×
  The court held that the trial court did not err in awarding the wife a share of the marital home proceeds or lump sum alimony, but did err in awarding attorney's fees without required expert testimony.
• Ivanhoe v. Ivanhoe
  397 So. 2d 410· Fla. 5th DCA· 1981-04-22 ·cited 9×
  The court held that the antenuptial agreement's clear language waived the wife's right to alimony, and therefore the trial court erred in awarding permanent alimony. The court affirmed the upholding of the agreement itself.
• In re the Est. of Lester Wartels v. Wartels
  338 So. 2d 48· Fla. 3d DCA· 1976-09-14 ·cited 8×
  The court affirmed a jury verdict awarding dower rights to a widow despite an antenuptial agreement, holding that the executor consented to the jury trial on the agreement's validity and that the trial court did not err in its jury instructions.
• Belcher v. Annabelle G. Belcher
  256 So. 2d 75· Fla. 3d DCA· 1971-12-21 ·cited 8×
  An antenuptial agreement waiving alimony is valid and enforceable, even for temporary alimony, if unambiguous and the wife received consideration.
• In re Est. OF Daniel Robert Knight
  155 Fla. 869· Fla.· 1945-04-17 ·cited 8×
  The Florida Supreme Court held that collateral heirs (nieces and nephews) cannot claim an interest in a deceased's estate based on an antenuptial agreement between the deceased and his surviving widow, absent clear language in the agreement demonstrating intent that the collatera
• Fahs v. Merrill
  142 F.2d 651· 5th Cir.· 1944-05-03 ·cited 8×
  The court held that the notice of appeal was sufficient and that the transfer of funds into trust was a taxable gift because the release of marital rights in an antenuptial agreement does not constitute adequate and full consideration in money or money's worth.
• Marconi v. Elfrieda Maria Walther
  819 So. 2d 936· Fla. 2d DCA· 2002-06-21 ·cited 7×
  The court held that the trial court erred by denying the husband due process and failing to comply with Florida Family Law Rule of Procedure 12.615 during a civil contempt hearing.
• McPHERSON v. McPHERSON
  775 So. 2d 973· Fla. 4th DCA· 2000-10-18 ·cited 7×
  In a divorce case where the trial court denied alimony in the final judgment but granted a stay of a cash equitable distribution award pending appeal, the court held that the trial court has authority under Florida Rule of Appellate Procedure 9.600(c)(1) to award alimony pending
• Witowski v. Witowski
  758 So. 2d 1181· Fla. 2d DCA· 2000-05-05 ·cited 6×
  Laura Davis appeals a trial court's order enforcing an antenuptial agreement that barred her from sharing in her former husband's U.S. Postal Service retirement fund. The Second District reversed, holding that while the agreement protects the premarital value of the pension, it d
• Lilyan F. Timble v. Timble
  616 So. 2d 1188· Fla. 4th DCA· 1993-04-21 ·cited 6×
  In this Florida divorce case, the Fourth District Court of Appeal affirmed the trial court's final judgment of dissolution for both the wife's appeal and the husband's cross-appeal. The court upheld the trial court's decision to deny the wife's claim for enhancement of the husban
• Schubot v. Rothe Schubot
  523 So. 2d 661· Fla. 4th DCA· 1988-03-16 ·cited 6×
  The appellate court held that the trial court abused its discretion in awarding an excessive amount of temporary alimony, but affirmed the awards for temporary attorney's fees, accountant's fees, and suit money.
• Patience Duttenhofer v. Duttenhofer
  474 So. 2d 251· Fla. 3d DCA· 1985-06-04 ·cited 6×
  This case addresses whether a trial court abused its discretion in awarding only $7,500 in rehabilitative alimony to a wife who surrendered a well-paying job and lost her late first husband's widow's benefits upon remarriage to a wealthy businessman. The court held that premarita
• Sari Posner v. Posner
  245 So. 2d 139· Fla. 3d DCA· 1971-03-02 ·cited 6×
  Sari Posner appeals an order affirming an alimony award of $600/month in a divorce decree. The trial court held that any future modification petition must show changed circumstances since the final divorce decree, not from the date of the antenuptial agreement, and the appellate
• Silver v. Silver
  898 So. 2d 145· Fla. 4th DCA· 2005-03-09 ·cited 5×
  In this dissolution of marriage appeal, the Fourth District Court of Appeal addressed whether the trial court properly calculated child support without deducting the father's alimony obligation from his gross income, and whether an antenuptial agreement can completely waive attor
• Wadsworth v. First Union Nat'l Bank OF Fla.
  564 So. 2d 634· Fla. 5th DCA· 1990-08-02 ·cited 5×
  This case concerns whether a surviving spouse's waiver of homestead rights in an antenuptial agreement prohibits the homestead property from being devised to someone other than the spouse, when the owner is survived by a spouse but no minor children.
• Harder v. Rafferty
  709 F. Supp. 1111· M.D. Fla.· 1989-03-28 ·cited 5×
  The court held that the doctrine of res judicata did not apply because the parties in the Indiana action were not identical to the parties in the current federal action. The court deferred ruling on the statute of limitations issue pending further briefing.
• Salczman v. Menasze Joquiel
  776 So. 2d 986· Fla. 3d DCA· 2001-01-17 ·cited 4×
  The court held that financial affidavits are not required under Rule 12.285 when no permanent financial relief is sought or remains to be decided.
• Genunzio v. Genunzio
  598 So. 2d 129· Fla. 2d DCA· 1992-04-17 ·cited 4×
  In a dissolution of marriage case, the court addressed the proper interpretation of an antenuptial agreement regarding disposition of a marital home purchased with the husband's separate funds during the marriage. The trial court awarded the wife three-eighths of the home as lump
• Est. OF H. Ransley Sage v. Sage
  515 So. 2d 1324· Fla. 2d DCA· 1987-11-18 ·cited 4×
  The Estate of H. Ransley Sage appeals a trial court order granting the surviving spouse a family allowance despite a valid antenuptial agreement in which she waived all marital property rights. The court reverses, holding that the agreement effectively bars the family allowance c
• Wright v. Millard B. Wright
  509 So. 2d 329· Fla. 3d DCA· 1987-05-19 ·cited 4×
  In a divorce alimony dispute, the Florida Third District Court of Appeal held en banc that a trial court properly denied alimony to a wife who had been married only eleven months and made no substantial contribution to the marriage. The court rejected the wife's argument that the
• Tillman v. Smith
  472 So. 2d 1353· Fla. 5th DCA· 1985-07-25 ·cited 4×
  Lorraine Tillman, as personal representative of Elmer Smith's estate, appeals the trial court's exclusion of a duplicate antenuptial agreement in a proceeding to determine whether the decedent's widow, Virginia Smith, is entitled to an elective share. The court reversed, holding
• Howe v. Est. of Howard F. Howe
  349 So. 2d 1200· Fla. 1st DCA· 1977-09-02 ·cited 4×
  Dorothy Howe appealed a jury verdict denying her claim for dower rights against her deceased husband's estate, arguing she did not waive those rights by an antenuptial agreement. The core issue was whether the agreement's two-year dissolution clause applied only to divorce or als