Austin v. Austin

As part of the parties’ judgment of divorce nisi, a Probate and Family Court judge held an antenuptial agreement (agreement) was invalid only insofar as it precluded the wife from receiving alimony. The husband appealed from the judgments, including the judge’s award of alimony to the wife, and the Appeals Court affirmed. Austin v. Austin, 62 Mass. App. Ct. 719 (2004). We granted the husband’s application for further appellate review, limited to the enforceability of the agreement. Because we conclude that the agreement was valid at the time it was executed and fair and reasonable at the time…