California Pre/Post Marital Agreements: August 1998 Summary

Legal Developments

In re Marriage of Pendleton and Fireman

On June 17, 1998, the California Supreme Court granted review of In re Marriage of Pendleton and Fireman (1998) 62 Cal.App.4th 751, 72 Cal.Rptr.2d 840. As discussed in our April Update, on March 26, 1998 the Court of Appeal for the Second Appellate District held: "Spousal support waivers and limitations contained in written premarital agreements are not contrary to public policy and are not per se unenforceable." Previously, all California courts had held that waivers of spousal support in premarital agreements were void as against public policy.

In re Marriage of Walrath

The California Supreme Court recently reversed the lower court in deciding In re Marriage of Walrath (1998) 17 Cal.4th 907, 72 Cal.Rptr.2d 856. The Court held that if a party contributing separate property can adequately trace the money through subsequently-purchased property, that party will be reimbursed, subject to certain limitations.