Mary F. Hardee, Respondent/petitioner v. Jerry N. Hardee and Hardee Construction Company, Inc., Petitioners/respondents

Summary

The Supreme Court affirmed as modified, holding that the prenuptial agreement permitted equitable distribution of property acquired during the marriage and validly waived alimony, support, and attorney's fees. The court adopted a three-part enforceability test addressing procurement defects, unconscionability, and changed circumstances, and concluded the agreement was enforceable because Wife had counsel, full knowledge of Husband's assets and her health risks, and a meaningful choice. The court also overruled its prior rule invalidating spousal-support waivers as contrary to public policy and held that its decision applied retrospectively.