Age Can Create Unique Divorce Problems

He was in his 70’s when multi-millionaire Martin Zelman of New York wed Lois Zelman. They entered into a prenuptial agreement. Fifteen years later, Martin filed for divorce.

But by then Martin had dementia and the judge decided he wasn’t competent enough to understand what he was seeking.

Martin’s children by another marriage were appointed trustees and after much litigation and several years later they reached a settlement this year with Lois. She gets about ten million dollars.

The lesson here is that in a prenuptial agreement, you should address not only what happens in the event of a divorce, but also other contingencies like death, disability and dementia.