Unfair Maintenance Waiver In An Antenuptial Agreement

In Kolflat v. Kolflat, 636 So. 2d 87 (Fla. Dist. Ct. App. 1994), the District Court of Appeals of Florida applied Illinois law to determine the validity of an antenuptial agreement. The agreement met the first two conditions. After reviewing the parties' financial circumstances and income potential, the court decided the maintenance waiver was unfair. The husband had a net worth of over $ 4.7 million, while the wife had $ 109,000 in assets. The wife was over 50 at the time of the divorce and lacked a college education or any specific work skills. Because the agreement provided absolutely no financial support for the wife, and both enjoyed an extravagant lifestyle during the marriage, the court found the maintenance waiver was not enforceable. Kolflat, 636 So. 2d at 90.