Bellio

Bellio v. Bellio

Good Law
105 Cal. App. 4th 630·2003 D.A.R. 807
Court of Appeal of CaliforniaJanuary 21, 2003No. B156153California1,576 words

Opinion

lead 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…

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