In Re Marriage of Mehren & Dargan

After obtaining permission from this court pursuant to California Rules of Court, rule 5.180, Christopher Dargan (husband) appealed from an order after a bifurcated trial upholding the validity of a postmarital agreement. In the agreement he promised to grant respondent Monica Mehren (wife) all of his interest in certain of the parties’ community property should he use illicit drugs. We conclude that such an agreement is unenforceable because it violates the public policy favoring no-fault divorce. We therefore order the trial court to vacate its order and enter a new order providing that the agreement is unenforceable.

FACTS

Husband has suffered an off-and-on addiction to cocaine for many years. It is not necessary for us to relate his unsuccessful attempts to free himself from his addiction other than to note that several years after their marriage, the parties separated after another episode resulting from husband’s use of cocaine. Months later, the parties agreed that husband would return to the family home. Subsequently, the parties entered into an “Agreement re Transfer of Property.” The agreement recited that wife “consented to the resumption of marital relations…