Favrot v. Barnes - 332 So. 2d 873 (La. Ct. App. 1976)

Rule:

La. Civ. Code Ann. art. 119 provides: The husband and wife owe to each other mutually, fidelity, support and assistance. The law does not authorize contractual modification of the "conjugal association" except "in relation to property." La. Civ. Code Ann. art. 2325.

Facts:

The ex-husband appealed from a trial court judgment awarding alimony to his ex-wife. The ex-husband claimed the award was unwarranted and alternatively excessive. The ex-husband claimed that a pre-marital agreement stipulating the separateness of property constituted a waiver of alimony.

Issue:

Did the pre-marital agreement stipulating the separateness of property constitute a waiver of alimony?

Answer:

No.

Conclusion:

The court held that the ex-wife had to show circumstances which made her unable to support herself by working before she could obtain post-divorce alimony. The court rejected the husband's claim that a pre-marital agreement stipulating the separateness of property constituted a waiver of alimony. The court noted that it found no fault that would defeat the ex-wife's entitlement to alimony.