In re the Marriage of Bates

Wife appeals from a dissolution judgment, contending that the trial court improperly incorporated a marital settlement agreement into the judgment. Husband has moved to dismiss the appeal on the ground that wife has accepted the benefits of the judgment and, therefore, has waived her right to appeal. We agree and dismiss the appeal.

Before the parties were married in 1974, they executed a prenuptial agreement that provided, among other things, that neither party would be entitled to spousal support in the event of a separation or dissolution. They separated in 1982,'and husband filed a…