California Supreme Court
5 P.3d 839 (2000)
In 1991, Candace Pendleton (petitioner) married Barry Fireman (respondent). Two weeks before their wedding, Pendleton and Fireman entered a prenuptial agreement under which each spouse waived any right to spousal support or child support following divorce. Pendleton and Fireman were each represented by independent counsel, understood the agreement, and entered it voluntarily. Nevertheless, Pendleton sought spousal support when she filed for divorce. While they were married, Pendleton and Fireman had spent $20,000–$30,000 a month to maintain their lifestyle. At the time Pendleton filed for divorce, Pendleton had a separate net income of roughly $4,000 a month. Fireman filed motions opposing spousal support. The trial court, however, ruled that the prenuptial agreement’s waiver of spousal support was contrary to public policy and, therefore, unenforceable. The trial court awarded Pendleton $8,500 in temporary spousal support. Fireman appealed. The appellate court held that spousal-support waivers do not contradict public policy, and that the trial court should determine whether the particular waiver between Pendleton and Fireman was enforceable. Pendleton appealed.
Rule of Law
Holding and Reasoning (Baxter, J.)
Dissent (Kennard, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.