From Casetext: Smarter Legal Research

Ivanhoe v. Ivanhoe

District Court of Appeal of Florida, Fifth District
Apr 22, 1981
397 So. 2d 410 (Fla. Dist. Ct. App. 1981)

Summary

recognizing that a party may waive the right to alimony in an antenuptial agreement

Summary of this case from Baker v. Baker

Opinion

No. 80-1068.

April 22, 1981.

Appeal from the Circuit Court, Volusia County, Robert P. Miller, J.

Berrien Becks, Jr. of Becks, Becks Wickersham, Daytona Beach, for appellant/cross appellee.

Garrett L. Briggs and Isham W. Adams of Adams Briggs, Daytona Beach, for appellee/cross appellant.


Appellant/wife appeals from a final judgment dissolving the marriage and upholding an antenuptial agreement. Appellee/husband cross-appeals an award of permanent alimony.

We find there was substantial, competent evidence to sustain the trial court's decision to uphold the agreement and AFFIRM. The question raised by the cross-appeal presents us with a more difficult question.

The agreement contained a provision which obligated the husband to pay the wife the sum of $10,000. The trial judge found that this was, in effect, the payment "for, or instead of, support, maintenance or alimony," and that there had been a significant change in circumstances. Therefore, husband should be required to pay permanent alimony. We reluctantly disagree and REVERSE.

The agreement clearly stated, "the sum of ($10,000) Dollars as a settlement in full of any and all rights and interest resulting from the marriage, including alimony . . . ." (Emphasis added.)

A party, by agreement, may waive all right to alimony. Kirkconnell v. Kirkconnell, 222 So.2d 441 (Fla.2d DCA 1969). The language of this agreement clearly designated the $10,000 as settlement in full of all rights to alimony. We therefore reverse the portion of the judgment requiring payment of permanent alimony.

AFFIRMED in part, REVERSED in part.

ORFINGER and COBB, JJ., concur.


Summaries of

Ivanhoe v. Ivanhoe

District Court of Appeal of Florida, Fifth District
Apr 22, 1981
397 So. 2d 410 (Fla. Dist. Ct. App. 1981)

recognizing that a party may waive the right to alimony in an antenuptial agreement

Summary of this case from Baker v. Baker
Case details for

Ivanhoe v. Ivanhoe

Case Details

Full title:BERTHA MILLER IVANHOE, APPELLANT/CROSS APPELLEE, v. JAMES IVANHOE…

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 22, 1981

Citations

397 So. 2d 410 (Fla. Dist. Ct. App. 1981)

Citing Cases

Sellers v. Sellers

A wife who is at serious fault as to the separation is not entitled to a decree for separate maintenance. 2…

Hahn v. Hahn

The basic rule of Florida law, of course, is that a spouse may waive her right to alimony of any type…