Provisions in prenuptial agreement defining property as marital or separate were too vague and indefinite to reserve income such as earnings, interest, and dividends generated by wife’s separate property as her separate property; provisions at issue, while referencing property “now or hereafter acquired by { } her in any manner whatsoever” and property “acquired by [] her before or during such marriage[,]” were silent as to income, earnings, dividends or interest, and therefore could not exempt those types of income received during marriage from their presumed status as marital property.
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
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