Legal Opinion

Foster v. Foster

Supreme Judicial Court of Maine

Decided June 26, 1992PublishedCited by 12 opinions

1Opinion of the Court

WATHEN, Chief Justice.

On plaintiff Joy Foster’s appeal we consider the application of the parties’ premarital agreement to their divorce proceedings. In its divorce order, the Superior Court (Hancock County, Browne, A.R.J.) applied the agreement and awarded plaintiff $50,-000 in lieu of her marital property rights. We conclude that the agreement addresses the disposition of the marital estate only in the event of defendant Charles Foster’s death, and was improperly applied by the Superior Court. We vacate the judgment.

The parties were married in 1977 and have two minor children. Both parties…

2Cases cited3 opinions

  1. Baybutt Construction Corp. v. Commercial Union InsuranceSupreme Judicial Court of Maine · 1983
  2. Parkhurst v. GibsonSupreme Court of New Hampshire · 1990
  3. Estate of BerzinisSupreme Judicial Court of Maine · 1986

3Cited by12 opinions

  1. Chadwick-BaRoss, Inc. v. T. Buck Construction, Inc.Supreme Judicial Court of Maine · 1993
  2. Ackerman v. YatesSupreme Judicial Court of Maine · 2004
  3. Roth v. RothSouth Dakota Supreme Court · 1997
  4. Bumila v. Keiser Homes of Maine, Inc.Supreme Judicial Court of Maine · 1997
  5. In Re Estate of BarrowsSupreme Judicial Court of Maine · 2006

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