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Gross v. Gross

11 Ohio St. 3d 99, 464 N.E.2d 500 (1984)

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Gross v. Gross

Ohio Supreme Court

11 Ohio St. 3d 99, 464 N.E.2d 500 (1984)

Facts

Prior to getting married, Thomas Gross (defendant) and Ida Gross (plaintiff) executed an antenuptial (or prenuptial) agreement. Among other provisions, the agreement stipulated that in the event of a divorce, alimony payments to Ida would be limited to no more than $200 per month,. Thomas accrued significant wealth during the marriage. After 14 years, Ida filed for divorce on the ground of extreme cruelty. Although the divorce was granted, the trial court found the prenuptial agreement enforceable. Ida appealed. The appellate court ruled that prenuptial agreements were not enforceable if the party seeking enforcement is also found to be the party at fault in the divorce. Thomas appealed. The Ohio Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Holmes, J.)

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