Schmidt v. Schmidt

By JUDGE T. J. MARROW

This case involves a divorced couple whose premarital agreement as to property distribution was found valid and binding by this court on December 4, 1987, after which a final decree of divorce was entered.

The plaintiff in this legal action alleges that the husband spouse’s promise during their marriage that he would "always take care of her" and his statement that "she need not worry financially" constituted a new and subsequent agreement, the enforcement of which is not barred by the doctrine of res judicata.

Defendant husband claims that the legal effect of his oral…