Supreme Court of Delaware

Danielle M. Stewart, Respondent Below, Appellant v. Thomas D. Stewart, Petitioner Below, Appellee

March 15, 201241 A.3d 401

Summary

The Supreme Court of Delaware affirmed the Family Court's reformation of the parties' marital property settlement agreement to terminate alimony upon the recipient's death, remarriage, or cohabitation. The court held that the lifetime alimony provision was unconscionable because the Husband was unrepresented, the Wife's counsel drafted and hosted execution of the agreement, and the provision unfairly omitted standard termination events. The court also concluded that the Family Court properly rejected the Wife's demand for continued alimony and specific performance.