In re Marriage of Escamilla

Petitioner appealled from the circuit court’s declaratory judgment construing the terms of a premarital agreement in favor of the respondent. Petitioner argued on appeal that the trial court erred when it determined that the language of the premarital agreement constituted a valid waiver of her right to seek maintenance on the dissolution of her marriage to the respondent. The appellate court reversed and remanded, finding that petitioner did not explicitly waive her right to seek statutory maintenance where the agreement was silent on the issue of maintenance and did not reference related terms such as spousal support or alimony. (STEIGMANN and KNECHT, concurring)