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McALPINE v. McALPINE

No. 93-CA-2467.

637 So.2d 1163 (1994)

Michael L. McALPINE v. Jonnie Fox McALPINE.

Court of Appeal of Louisiana, Fourth Circuit.

May 17, 1994.

Attorney(s) appearing for the Case

Mitchell J. Hoffman, Suzette Marie Smith, Lowe, Stein, Hoffman, Allweiss & Hauver, New Orleans, for defendant-appellee.

Phillip A. Wittmann, Rachel W. Wisdom, Kelly McNeil Legier, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, for plaintiff-appellant.

Before SCHOTT, C.J., and BYRNES and CIACCIO, JJ.

SCHOTT, Chief Judge.

The issue in this case is whether the waiver in an antenuptial agreement of post-divorce alimony is null and void as against public policy.

The parties were married on August 29, 1989. On August 18, 1989, they entered into a matrimonial agreement containing the following:

Appearers further contractually renounce and waiver their rights and/or entitlement to alimony pendente lite and permanent alimony provided for by Civil Code...

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