The DC Prenuptial Agreement Statute provides some basic framework and limitations as to the content of the prenuptial agreements. Subsection (a)(8) as listed below however allows specifically the agreements to be expansive and include multitude of subject matters as long as not against public policy. It is imperative to draft and execute an agreement that is forward thinking and provides additional protections and definitions beyond items listed below and itemized in the Statute. Specifically, the Statute provides: (a) Parties to a premarital agreement may contract with respect to: The rights and obligations of each of the parties in any of the
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PRENUPTIAL AGREEMENTS | MUST HAVE BEFORE MARRIAGE
There are still a great deal of hesitation and trepidation among couples to either address or to commit to completing a prenuptial agreement prior to marriage. It is imperative to deconstruct and define marriage as a legal but also a significant financial contract where parties agree to essentially commingle funds and assets during the marriage. All assets after marriage are presumed to be marital property unless exclusively and concisely excluded via an enforceable prenuptial agreement. It matters not if there was a verbal agreement as to who owns what or what belong to who. The only enforceable mechanism to protect
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PROPERTY DISTRIBUTION IN LIEU OF ALIMONY HELD TO BE VALID
In Sudderth v. Sudderth, the DC Court of Appeals addressed whether it was appropriate to award property in lieu of alimony. On appeal, Mrs. Sudderth’s claimed that the trial court had erred in distributing marital property in lieu of alimony without first calculating the amount and duration of alimony to be distributed. In short, the Court of Appeals held that there are no restraints on the trial court’s ability to award marital property in lieu of alimony, and also it is not an abuse of discretion when a trial court denies a request for alimony and yet awards marital property. Thus,
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DISSIPATED AND SPENT MARTIAL PROPERTY STILL SUBJECT TO EQUITABLE DISTRIBUTION OF ASSETS
The Court of Appeals in Herron v. Johnson, expounded on the equitable distribution of marital property that has been dissipated. Dissipation of martial property is generally defined as where one spouse uses marital property for his own benefit and for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown. Here, the trial court had determined that the pension funds accumulated during the marriage and used by one spouse and spent and dissipated during the marriage is no longer a property for the court to factor in with regards to the equitable distribution
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EQUITABLE DISTRIBUTION OF PROPERTY AFTER SEPARATION: LEGAL CRITERIA
The DC Court of Appeals in Gail v. Sherman, specifically addressed division of property created after separation and the formula used by the court to equitably distribute such property. Sherman had appealed the trial court decision granting her a sum of $40,000 for her equitable portion of the value of AutoBody that her husband Sherman had created after the couple had separated. Factually, parties had a business jointly owned and operated during their marriage called FuelLine and after separation both had agreed and via an agreement to bring that business to closure. Sherman thereafter started a new similar business referred
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VALIDITY OF THE PRENUPTIAL AGREEMENTS
The Court of Appeals in Burtoff v. Burtoff, still remains instructional as to how the Court would scrutinize validity of a prenuptial agreement in litigation. There, Mrs. Burtoff challenged the validity of the prenuptial agreement particularity provisions pertaining to spousal support in an event of separation and divorce. The Court again iterated that prenuptial agreements are generally considered contracts with their enforcement taking on the same criteria as other contracts but with a higher degree of scrutiny to ensure fairness, and balance. Specifically, the Court expounded in holding such contracts valid that with divorce such a commonplace fact of life,
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DC PRENUPTIAL AGREEMENTS: RETIREMENT ACCOUNTS: ERISA
The Court of Appeals in Critchell v. Critchell addressed to what extent the federal law and regulation would impact the State contract law pertaining to prenuptial agreements. In a dispute over distribution of husband’s pension fund, the trial judge in the case had ruled that the ERISA pre-empted the District of Columbia’s marital property law and ordered an equal distribution of the husband’s pension fund. The Court of Appeals disagreed. The prenuptial agreement between the parties had a clause specifically addressing retirement accounts in a broad language, specifically the clause stated: Each party shall, during his or her lifetime, keep
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GRANT OF ATTORNEY’S FEES IN DC DIVORCE ACTION — DECONSTRUCTED
The DC Court of Appeals in McClintic v. McClintic, addressed and analyzed in details when it is appropriate for the trial court in divorce litigation to award attorney’s fees. Factually, parties unable to settle after more than a year and extensive mediation proceeded to trial with the trial court ultimately granting the divorce, dividing the marital property, and awarding the couple joint legal and physical custody of their three children. Subsequently, both parties sought to recover attorney’s fees, each arguing that the other had made the litigation burdensome and oppressive. Mrs. McClintic argued that Mr. McClintic’s systemically and throughout the
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DC DIVORCE RESIDENCY REQUIREMENTS
Before an action for divorce in the District can be filed, the residency requirements must be met. Generally, the DC Court will have jurisdiction to hearing the matter if the following criteria are met: Specifically, no action for divorce or legal separation shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least 6 months next preceding the commencement of the action. However, an action for divorce or legal separation by persons of the same gender, even if neither party to the marriage is a bona
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DC DIVORCE NOTICE OF APPEAL & APPELLATE PROCEDURE
The Court of Appeals on June 18, 2020, denied and dismissed notice of appeal from a final decree and judgment of divorce in Deloatch v. Deloatch as filed untimely. Procedurally, the trial court had issued a judgment of absolute divorce settling various claims between Dwight G. Deloatch and his former wife, Robin Sessoms-Deloatch, in May 2015 and had denied motion to vacate the judgment on March 30, 2016. Subsequently in January 2020, Mr. Deloatch filed an appeal from the underlying judgment. The Court of Appeals issued an order directing him to show cause why the appeal should not be dismissed
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