Husband Permitted to Seek Attorney's Fees Against Wife for Her Failure to Comply with Prenuptial Agreement

McNees Wallace & Nurick LLC

In the 2015 Pennsylvania Superior Court Non-precedential Decision, Boer v. Pott, the Court confirmed husband's right to seek attorney's fees against wife due to wife's failure to comply with the parties' prenuptial agreement.


On July 10, 2003, husband and wife signed a prenuptial agreement and were married the next day. The prenuptial agreement prohibited either party from receiving temporary or permanent maintenance/alimony payments. The prenuptial agreement also provided that if either party breached the prenuptial agreement, the party breaching the agreement would be responsible for the legal fees, court costs, and travel costs of the party seeking to enforce the agreement.


The parties separated on May 2013. Although the prenuptial agreement prohibited the right to seek maintenance/alimony, wife filed a complaint for spousal support. The trial court found that per the prenuptial agreement, wife was not entitled to spousal support; however, the trial court refused to award husband attorney's fees and cost related to enforcing the agreement, which totaled approximately $25,000.


The Superior Court disagreed with the trial court's refusal to award husband attorney's fees and costs. The Superior Court reiterated the policy that prenuptial agreements are favored as enforceable contracts. The Superior Court clarified that husband was not necessarily entitled to "all" of his approximate $25,000 in attorney's fees and costs. Rather, husband was entitled to "reasonable" attorney's fees. Whether or not a prenuptial agreement provides for "reasonable" fees and costs, a court is required to apply a "reasonableness test" when awarding attorney's fees. Thus, the matter was transferred back to the trial court to determine whether husband's $25,000 in fees and costs were reasonable.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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