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Caveat Kojovic v. Goldman

By Elliott Scheinberg
July 31, 2007

The bench and bar are long weary of the surfeit of baseless proceedings to vacate pre- and post-nuptial agreements. A cursory review of decisional authority involving efforts to set aside marital agreements readily reveals that the odds are overwhelmingly against success. These efforts are often futile because they are correctly seen as nothing more than a last try to pressure the payor spouse to be more generous. The hope is that the monied spouse can be intimidated by general trepidation, the fear of legal costs and the difficulties of locating no-longer-extant evidence.

In a well-reasoned dissent in Gottlieb v. Such, 293 AD2d 267, Justice David Saxe cogently bemoaned 'the prevalence of excessive post-divorce litigation' and the necessity 'to find ways to discourage baseless post-judgment proceedings and offer instead protection against the enormous financial burden they entail.'

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