Lutgert v. Lutgert

338 So.2d 1111 (1976)

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Lutgert v. Lutgert

Florida District Court of Appeal
338 So.2d 1111 (1976)

SC

Facts

Raymond Lutgert (plaintiff) and Muriel Stevenson (defendant) quickly fell in love. Lutgert proposed to Stevenson, and Stevenson agreed to marry him. Lutgert picked a date with plans to set sail on a cruise immediately after the wedding. On the day of the wedding, while the parties were at a jeweler picking out rings, Lutgert presented Stevenson with a prenuptial agreement. Lutgert’s estate was worth approximately $3 million at the time, and evidence indicated that the estate was worth approximately $25 million at the time of trial. Stevenson, on the other hand, had a relatively small net worth at the time of the marriage. The prenuptial agreement stated that in the event of divorce, Lutgert’s estate at the time of marriage would remain his, and that he would pay Stevenson $1,000 per month, which would constitute Stevenson’s alimony. Stevenson objected at first, and after more discussion, she objected again. Ultimately, however, Stevenson signed the agreement after Lutgert told her that without the agreement there would be no wedding. After 10 years of marriage, Lutgert filed for divorce. The trial court upheld the prenuptial agreement. Stevenson appealed.

Rule of Law

Issue

Holding and Reasoning (McNulty, C.J.)

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