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Prenuptial Lump Sum Alimony

Posted by John Rutkowski | May 10, 2019 | 0 Comments

Dissolution of marriage -- Prenuptial agreement -- Lump sum alimony -- Where parties' prenuptial agreement provided a gradually escalating schedule of money to which wife would be entitled for each full year the parties had been married “at the time a Petition for Dissolution of Marriage is filed,” and wife filed two separate petitions for dissolution, one after seven years of marriage, which she voluntarily dismissed, and the second after ten years of marriage, trial court erred in finding that the date the second dissolution petition was filed was the operative date for purposes of calculating benefits due wife under the agreement. Remand with instructions to enter an amended judgment utilizing earlier petition as the year of measurement for purposes of calculating benefits due.

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John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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