Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Sunday, September 18, 2005

Case Law Development: Interpretation of Pre-nuptial Agreement

In interpreting a prenuptial contract, the Indiana Court of Appeals addressed several novel issues including:
- the meaning of the term “estrangement” which was used in the contract as the event at which certain property should be valued (the court find estrangement occurs at, the latest, upon one party’s filing for divorce)
- the enforceability of an agreement in the contract requiring that the couple file joint tax returns if that reduced overall tax liability(the court found no error in the trial court’s requiring Wife to reimburse Husband for excess taxes paid due to her filing separate returns)
- the characterization of a tax loss carryover as marital property subject to distribution (the court joined Missouri and New York in concluding that tax loss carryovers can be considered marital property)

Magee v. Magee, 2005 Ind. App. LEXIS 1678 (September 12, 2005)
Available on the web at (last visited September 17, 2005 bgf)

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