The parties separated after a 7-year marriage.
The applicant, a self-employed dentist, sought to enforce a spousal support waiver in their marriage contract and impute income to the respondent, a stay-at-home mother.
The court imputed an income of $37,500 to the respondent and determined the applicant's income at $330,000 by adding back personal expenses paid by his corporation and rejecting aggressive amortization deductions.
The court found the marriage contract explicitly permitted a review of the spousal support waiver upon the birth of a child, and awarded the respondent $4,800 monthly in spousal support, along with set-off child support.