By Steve Lash | Daily Record
The wages of sin amount to $7 million for a man who cheated on his now ex-wife in violation of the former Chevy Chase couple’s postnuptial agreement that she initiated after his prior adulterous affair.
Maryland’s second-highest court Wednesday upheld the accord’s adultery compensation provision — and the multimillion-dollar award — over Thomas Lloyd’s objection, saying the now ex-husband’s compliance with its stay-faithful terms was totally within his control.
In its reported decision, the Court of Special Appeals affirmed the Montgomery County Circuit Court’s award of the $7 million to Anna Niceta, who was granted a divorce from Lloyd in October 2021 on grounds of adultery.
Niceta had taken Lloyd back after his earlier affair in 2014 on the condition that they reach a post-nuptial agreement.
The accord, reached in 2015, called for a lump sum payment of $7 million if Lloyd engaged outside of marriage in sexual intercourse or romantic kissing, hugging, fondling, embracing, emailing or sexting.
In its 3-0 ruling, the Court of Special Appeals rejected Lloyd’s arguments through counsel that the agreement was invalid because it was one-sided, he had signed it under duress and it would impose an unconscionable financial burden on him because the $7 million would exceed his assets of about $5.4 million after the divorce.
Lloyd’s attorney, Hope L. Stafford, stated via email Thursday that she and her client plan to seek review by the Court of Appeals.
“We disagree with the decision of the Court of Special Appeals, including on the basic question of whether penalties are enforceable in marital contracts,” stated Stafford, of Delaney Stafford LLC in Chevy Chase.
Niceta’s attorney hailed the court’s decision on the “obviously very interesting issue” of the enforceability of an anti-adultery provision in a postnuptial agreement.
“This situation is the epitome of taking someone to the cleaners in a divorce. She made out with her share of the community assets, his share, and then some. His philandering ways basically cost him everything and more. This is exactly why I despise the idea of including a penalty provision in any sort of contractual agreement – especially one that has infidelity as a trigger. “
Kaine Fisher, Rose Law Group partner and family law director
