PRENUPTIAL AGREEMENT AND PENDENTE LITE MOTIONS

Kashman v. Kashman, 147 AD 3d 1034 - NY: Appellate Div., 2nd Dept. 2017:

"Although the prenuptial agreement contains a waiver of maintenance, equitable distribution, and an award of attorney's fees in the event of termination of the marriage, it does not bar temporary relief, including pendente lite maintenance and attorney's fees during the pendency of this litigation (see Davis v Davis, 144 AD3d 623 [2016]; McKenna v McKenna, 121 AD3d at 867; Abramson v Gavares, 109 AD3d 849, 850 [2013]). While the Supreme Court properly awarded the plaintiff interim attorney's fees, the court, without explanation, improvidently denied that branch of the plaintiff's motion which was for an award of pendente lite maintenance. Accordingly, we remit the matter to the Supreme Court, Nassau County, for a new determination of that branch of the plaintiff's motion (see McKenna v McKenna, 121 AD3d at 867)."