McAlpine v. McAlpine

Michael McAlpine (defendant) and Jonnie McAlpine (plaintiff) executed a prenuptial agreement that, in relevant part, waived both spouses’ right to seek either alimony pendente lite or permanent alimony. In Louisiana, alimony pendente lite was defined as alimony paid during the divorce process, and permanent alimony was defined as alimony paid post-divorce. Jonnie and Michael divorced after approximately three years of marriage. Several months after the divorce, Jonnie filed an order to show cause (known in Louisiana as a rule to show cause) seeking to invalidate the permanent-alimony waiver in the prenuptial agreement. The trial court dismissed Jonnie’s action, holding that the permanent-alimony waiver was valid and enforceable because it was entered into knowingly and voluntarily, and because it was not the product of fraud, duress, or misrepresentation. On appeal, the appellate court reversed, holding that the permanent-alimony waiver was per se void as contrary to public policy. The Louisiana Supreme Court granted certiorari. The supreme court initially affirmed the appellate court’s decision, holding that prenuptial permanent-alimony waivers were contrary to Louisiana’s public-policy interest in preventing divorced spouses from becoming public wards. The supreme court granted Michael’s petition for rehearing.