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Temporary Maintenance Award Not Waived by Prenuptial Agreement Waiving Only the Final Award of Alimony or Maintenance

The First Department held that Supreme Court properly awarded temporary maintenance to the wife (defendant) even though the wife waived alimony and maintenance in the prenuptial agreement:

We reject plaintiff’s argument that defendant waived temporary maintenance in the parties’ prenuptial agreement. Notwithstanding that defendant waived any claim to a final award of alimony or maintenance in the prenuptial agreement, the court was entitled, in its discretion, to award pendente lite relief in the absence of an express agreement to exclude an award of temporary maintenance… . Lennox v Weberman, 2013 NY Slip Op 05766, 1st Dept 9-3-13

 

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