Andrew B. v. Abbie B.

Summary

The court vacated the judgment enforcing and applying the parties' prenuptial agreement because the superior court improperly included passive income in the community estate and improperly awarded Abbie the value of a nonexistent investment account. The court held that the agreement's community-contribution provision reaches income earned through work or services, not passive income, and that the omitted investment-account provision did not promise funding from Andy's separate property. The court also held that voluntariness is distinct from duress and remanded for findings applying the required voluntariness factors; it exercised discretion to consider Abbie's otherwise unpreserved conditional cross-appeal.