Postmarital agreement which contained specific stipulation in which husband and wife agreed that, if the marriage did not survive, wife was entitled to receive virtually all of the personal property acquired during the marriage through gift, inheritance, and joint effort of the parties did not violate public policy by encouraging husband to file for divorce as soon as possible, although agreement supported inference that the sooner husband filed for divorce, the sooner he would be able to acquire nonmarital assets for his retirement that would not be subject to distribution under the terms of the postmarital agreement.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com