Court Rules to Enforce Postnuptial Agreement of $7 Million Penalty for Adultery

Nov 8, 2022 Fort Lauderdale, FL

As a family law attorney, I am often asked if prenuptial and postnuptial agreements are enforceable. A recent court decision provides a great illustration of how effective they can be, when drafted by a qualified attorney.

A Maryland appellate court affirmed an award of $7 million to Anna Niceta, former social secretary of Donald Trump, who was granted a divorce from her husband, Thomas Lloyd in 2021 on grounds of adultery. Lloyd’s grandmother, Rachel “Bunny” Mellon, was a famous philanthropist and gardener, where she is often remembered for her work in designing the White House Rose Garden.

After Lloyd’s first extramarital affair in 2014, Niceta took him back on the grounds that Lloyd sign a postnuptial agreement. The agreement called for a lump sum payment of $7 million if Lloyd again committed adultery or engaged in inappropriate sexual behaviors outside the marriage. Lloyd’s arguments that the postnuptial agreement lacked consideration, was unconscionable, and was procured by undue influence because the parties were in a confidential relationship was rejected by the appellate court. The Court found that Niceta agreed to forgive Lloyd for his previous actions and to forego her right to seek a divorce in return for Lloyd’s pledge to pay her $7 million if he strayed again. The Court further found that “Lloyd alone controlled whether this provision was triggered,” and that based on his own assessment of his finances, the agreement was not unconscionable.”

In addition to representing clients in divorce cases involving challenges to prenuptial or postnuptial agreements, the Marital & Family Law team at Greenspoon Marder drafts and reviews prenuptial and postnuptial agreements on behalf of our clients. Contact me at [email protected] for your consultation.

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Court Rules to Enforce Postnuptial Agreement of $7 Million Penalty for Adultery

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