A couple’s failure to include the word “temporary” in a prenuptial agreement waiving claims for “maintenance” did not mean a husband was entitled to temporary maintenance, a Manhattan appellate panel ruled Tuesday.
A panel of the Appellate Division, First Department, ruled 3-1 in favor of the wife’s claim that the prenup’s “broad and expansive language” was unambiguous in waiving any maintenance claims, including temporary maintenance, which can be ordered during the pendency of a divorce proceeding to protect the “non-moneyed spouse.”
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