Halsey v. Halsey

OPINION OF THE COURT

S. Miller, J.P.

May a prenuptial agreement provide for, not only, distribution of marital assets in event of death, separation, or divorce, but also serve as a separation agreement upon which a conversion divorce may later be based pursuant to Domestic Relations Law § 170 (6)? We answer this question with a resounding “No.”

The parties herein, Lee E. Halsey and Linda A. Halsey, were unmarried and living together when their first child was born in 1983. Although they planned to marry in February 1984, a month prior to their wedding day, Lee insisted that Linda execute a…