Lloyd v. Niceta

Summary

The Maryland Supreme Court affirmed that spouses may include a provision in a postnuptial agreement that allocates marital assets upon divorce based on adultery, and that the $7 million lump‑sum clause in this case is valid and enforceable. It held that the liquidated‑damages framework does not apply to postnuptial agreements, so the clause is treated as a permissible monetary award rather than a penalty.