Torres v. Lincheta

The husband, Ciro Torres, appeals from the final judgment of dissolution of marriage and from the denial of his post-judgment motion to set aside the parties’ marital settlement agreement where the agreement was unconscionable and the product of overreaching. We reverse.

A review of the record shows that the husband, unrepresented by counsel, executed a marital settlement agreement wherein he agreed to pay alimony to the wife in the amount of $3,000 per month or $36,000 per year. We find that, absent any findings by the trial court of imputed income, this agreement is unconscionable as the…