Lloyd v. Niceta

Thomas L. Lloyd v. Anna Cristina Niceta, No. 33, September Term, 2022. Opinion by Hotten, J. FAMILY LAW – POSTNUPTIAL AGREEMENTS – LIQUIDATED DAMAGES CLAUSES – The Supreme Court of Maryland held that a liquidated damages framework did not apply to postnuptial agreements and was inappropriate for evaluating a $7 million lump sum provision that, as applied in this case, triggered if the husband engaged in adultery. In non-marital contracts, liquidated damages operate as “a sum that will compensate the nonbreacher . . . in lieu of the compensatory contract damage[s] to which the nonbreacher…