Posner v. Posner - 257 So. 2d 530 (Fla. 1972)

Rule:

Where the provision made for the wife is, upon the face of the agreement, disproportionate to the means of the husband the burden is cast upon the executor to show that the wife, at the time she executed the agreement, had or reasonably ought to have had full knowledge of the husband's property.

Facts:

Husband and wife executed an antenuptial agreement that, among other things, specified an amount of alimony to be accepted by the wife in the event of divorce. When the couple was divorced, the wife was awarded alimony per the terms of the agreement. In the wife's action challenging the validity of the agreement, the appellate court affirmed, deferring to the trial court's discretion. The wife sought a writ of certiorari, contending that her alimony and support payments dictated by the agreement were modifiable under Fla. Stat. ch. 61.14.

Issue:

Under the circumstances, was the antenuptial agreement between the wife and the husband valid and enforceable? 

Answer:

No.

Conclusion:

The judgment was quashed and case remanded. Because of the husband's failure to disclose or show knowledge on the part of the wife of the husband's wealth, and because of the inadequate provision made for the wife, the agreement was void, requiring remand for determinations of alimony for the wife, child support, and property rights.