Bellio v. Bellio

Opinion

YEGAN, J. Donna J. Bellio (wife) appeals from the judgment dissolving her marriage to Albert R. Bellio (husband). Wife contends that the trial court erroneously refused to enforce a premarital agreement requiring husband to pay her $100,000 upon a divorce. We agree and reverse.

Facts and Procedural History

The parties were married in September 1997. Husband, who was 71 years old, was a multimillionaire. Wife, who was 48 years old, had a net worth of about $60,000 and was earning approximately $12 per hour. She was receiving monthly spousal support of $933 from a former spouse. The prior marriage had lasted 24 years.

[632]In August 1997 husband asked wife to sign a premarital agreement (hereafter agreement). It provided that the parties’ separate property would remain separate property and that earnings and accumulations during the marriage would be held as separate property.

Wife concluded that, under the agreement proposed by husband, she “couldn’t afford to marry [him].” Wife believed she would be in a “precarious” economic position if “the marriage didn’t work” or if husband died. The support from her former spouse would terminate if she remarried, and “she could barely make ends meet with . . . her earnings . ...” To compensate for the loss of support from her former spouse, wife insisted that the agreement be modified to provide that, if “the marriage terminates due to divorce or death of [husband], [husband] (or his estate or trustee if he is deceased) will pay to [wife] ... the sum of $100,000.”

Wife’s attorney told husband that, if wife did not remarry, she would probably receive support from her former spouse “for the rest of her life” because the prior marriage was of long duration and her former spouse “was in his early 50’s.”

The agreement was modified to include the $100,000 payment provision demanded by wife. Both parties signed the modified agreement. Each was represented by independent counsel. Husband testified that he had signed the agreement “freely and voluntarily.” The trial court found: “[T]here is no genuine dispute that the parties executed the agreement capably, knowingly, voluntarily, and with the benefit of independent counsel.”

The parties separated in November 1998. The following month, wife petitioned to dissolve the marriage. She sought to enforce the $100,000 payment provision.