Lori Ann Moore v. Roy Clyde Moore, Jr.

Detroit, Michigan family law lawyer represented the parties in a dissolution of marriage (divorce).



In April 2000, the parties married. At that time, both parties were employed, but plaintiffwife earned more income and had more assets than defendant-husband. In the days leading up to the marriage, the parties executed a PNA outlining the parties' debts and assets, what constituted marital property, and what constituted separate property. Relevant to this appeal, the parties agreed the marital home, which plaintiff-wife owned before the marriage, would be marital property. However, the parties agreed the real and personal property that was not acquired with joint funds, and the parties' pensions, regardless of when they vested, would be separate property. The parties also agreed in the event of divorce, all marital property shall be divided equally, and they would not seek, or obtain, alimony, spousal support, or any relief other than a distribution consistent with the PNA. This was because each party had been self-supporting for a period of time before the marriage, and, as stated in the PNA, "[b]oth parties fe[lt] that they [were] capable of future selfsupport and of maintaining themselves on a self-supporting basis."



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Legal issue Can a trial court decide not to enforce a valid prenuptial agreement in Michigan due to equitable considerations in property division and spousal support?

Headnote



FAMILY LAW. PRENUPTIAL AGREEMENTS. The case examines the enforcement of a prenuptial agreement (PNA) during divorce proceedings, focusing on whether the trial court erred by not enforcing the agreement's plain terms despite finding it valid and enforceable, ultimately opting for equitable distribution that diverged from its stipulations.



FAMILY LAW. SPOUSAL SUPPORT. The legal issue encompasses the court's authority to award spousal support against the parties' prenuptial agreement waiving such support, emphasizing that equitable considerations and statutory provisions allowing for spousal support cannot be contracted away.



CONTRACT LAW. INTERPRETATION AND ENFORCEMENT OF CONTRACTS. This case discusses the principle that prenuptial agreements should be interpreted and enforced according to their plain terms, unless proven invalid on grounds like fraud, duress, or unconscionability, and highlights the standards and burdens of proof when challenging such agreements.



Key Phrases Judgment of divorce. Prenuptial agreement. Marital property. Spousal support. Equitable division.

Vacated and remanded.