ANONYMOUS v. ANONYMOUS (App Div. 1st Dep’t)

The parties were married pursuant to a prenuptial agreement that contained a waiver of maintenance by both sides.  Despite the provisions in the prenup, the husband successfully moved for an order awarding him temporary spousal maintenance since the prenup did not contain the statutory language for waiving temporary maintenance.

The Appellate Court reversed the decision of the lower court and found that the prenup precluded all awards of maintenance, whether temporary or final.  In the prenup, the parties acknowledged that each was “fully capable of being self-supporting,” and agreed to “waive any and all claims for spousal support and/or maintenance” “both now and in the future.”  The Appellate Court found that the words “any and all” clearly signaled the parties’ intentional waiver of both temporary and final awards of spousal maintenance.