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Anderson v. Anderson

Pursuant to the parties' pre-nuptial agreement, the wife was not entitled to an equitable distribution of assets in a trust that was created from the husband's first divorce.

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Before Tami Flowers Anderson Wife and William Harvey Anderson Husband were married, they entered into an “Agreement In Contemplation Of Marriage” wherein Wife expressly acknowledged that “she could be receiving substantially less sums of money by the AGREEMENT should the parties become divorced than she might in any subsequent divorce action” and that its provisions were “fair and equitable and satisfactory to her . . . .” The agreement provided that Wife waived “all future claims to alimony, attorney’s fees, or an equitable distribution of property that is not specified within this agreement . . . .” With regard to property distribution, Paragraph 6 of the agreement specified, in relevant part, that “all assets and income derived from the date of their marriage forward shall be the assets of both parties and shall be subject to equal division 50/50 between the parties.” However, the agreement also expressed Wife’s understanding that Husband

has in full force and effect a Trust Agreement executed by him and his first wife pertaining to marital assets of his first marriage and that said assets are not subject to equitable distribution between the parties to this agreement.

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