James D. Casto, Petitioner, v. Donna L. Casto, Respondent, 508 So. 2d 330

Summary

Respondent wife challenged a separation agreement in a dissolution proceeding, claiming that she had signed under duress, that she was unfamiliar with the husband's assets, and that she did not have competent counsel when she signed. The trial court vacated the agreement and awarded alimony, and the appellate court affirmed. The Florida Supreme Court affirmed, finding sufficient evidence to support a determination that the husband's threatening behavior amounted to duress and that the wife was unaware of certain assets. The court also held that incompetent legal advice is not a basis to vacate an agreement in a dissolution proceeding.