## Facts

- One week before marrying in 1989, Jonnie Fox McAlpine and Michael L. McAlpine executed an antenuptial agreement establishing a separate property regime.
- The agreement included mutual waivers of alimony pendente lite and permanent alimony.
- The agreement also provided that, upon divorce, Jonnie would receive $25,000 if the marriage lasted less than six years and $50,000 if it lasted six years or more, regardless of fault or need.
- The parties divorced on May 18, 1992.
- Jonnie later sought permanent alimony under Louisiana Civil Code article 112 and sought return of a Mercedes-Benz she claimed Michael had gifted to her.
- The trial court enforced the antenuptial agreement, found Jonnie freely consented without undue duress, concluded the Mercedes-Benz was not a gift, and dismissed her claims.
- The court of appeal held the permanent-alimony waiver void as against public policy but affirmed the trial court’s ruling that the Mercedes-Benz was not a gift.
- On rehearing, the Louisiana Supreme Court reconsidered whether premarital waivers of permanent alimony are per se invalid on public-policy grounds.

## Issues

1. Whether an antenuptial waiver of permanent alimony is per se null as against public policy under Louisiana Civil Code articles 112 and 7.
2. Whether the antenuptial agreement was unenforceable due to lack of free consent (e.g., duress or other vices of consent).
3. Whether the Mercedes-Benz was a gratuitous donation to Jonnie or remained Michael’s property.

## Decision

- The Louisiana Supreme Court held that antenuptial agreements waiving permanent alimony are not per se void as against public policy.
- The Court enforced the waiver because the agreement was subject to ordinary contract defenses and the trial court found Jonnie consented freely and voluntarily without undue duress.
- The Court affirmed the finding that the Mercedes-Benz was not a gift to Jonnie.
- The Court reversed the appellate court’s invalidation of the alimony waiver and reinstated the trial court’s enforcement of the antenuptial agreement.

## Legal Principles

- A premarital waiver of permanent alimony is enforceable in Louisiana and is not automatically invalid as against public policy.
- Antenuptial agreements are evaluated under general contract law; they may be rescinded or declared ineffective only upon proof of recognized defects such as fraud, duress, error, or other vices of consent.
- Factual determinations about voluntariness of consent and donative intent (e.g., whether property was a gift) are upheld absent a basis to disturb the trial court’s findings.

## Conclusion

The Louisiana Supreme Court enforced a premarital waiver of permanent alimony, rejecting a categorical public-policy bar and applying ordinary contract principles, and it also affirmed that the Mercedes-Benz at issue was not a gift to the former wife.


McAlpine v. McAlpine, 679 So. 2d 85 (La. 1996)