Fick v. Fick

109 Nev. 458, 851 P.2d 445 (1993)

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Fick v. Fick

Nevada Supreme Court
109 Nev. 458, 851 P.2d 445 (1993)

  • Written by Liz Nakamura, JD

Facts

Robert Fick (defendant) and Bernice Fick (plaintiff) married in 1984. Shortly before the wedding, Robert and Bernice had signed a prenuptial agreement that, in relevant part, included a total alimony waiver. The prenuptial agreement stated that both Robert and Bernice had attached a schedule disclosing all financial assets and obligations; however, Robert did not attach his financial schedule until approximately one year after the agreement was executed. During the marriage, Robert and Bernice purchased an undeveloped lot in Cold Creek, Nevada (the lot) as joint tenants. In 1989, Bernice filed for divorce. After a bench trial, the trial court granted the divorce, invalidated the alimony waiver, classified the lot as community property subject to equitable distribution, and ordered Robert to pay Bernice alimony. The alimony award included rehabilitative alimony intended to allow Bernice to obtain necessary job training. Robert appealed, arguing that (1) the lot was a joint tenancy, not community property; (2) the alimony waiver in the prenuptial agreement was valid; and (3) Bernice was not entitled to rehabilitative alimony.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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