§ 4.12 Limitation of Actions and Laches

• Jurisdiction: United States
• Publication year: 2021

§ 4.12 Limitation of Actions and Laches

A number of states have promulgated a rule that the statute of limitations applicable to an action relating to a marriage contract is tolled during a marriage.⁴⁹⁰ In some instances, however, courts have not considered the applicable statute tolled.⁴⁹¹

In a Missouri case, the premarital agreement provided that, among other things, the husband would provide the necessities of life to his wife during marriage. He breached this promise, and required the wife to provide one-half of the couple's living expenses. When the husband died twenty-five years after the wedding, the wife sued the husband's estate for this breach. The executor claimed that the statute of limitations for this breach began to run when the husband first breached. The courts concluded that the statute would not begin to run for a breach of continued periodic performance until the last breach occurred; therefore the wife could sue for all losses.⁴⁹²

One argument in support of the majority rule of tolling is that a rule requiring litigation during marriage would encourage dissension in an ongoing viable marriage.⁴⁹³ A New York court concluded that this policy no longer was applicable when the partner signed a postnuptial agreement at a time when there already was substantial marital strife.⁴⁹⁴ When the strife continued throughout the duration of the marriage after the contract was signed, the court did not toll the statute. A New York court has held that the statue of limitations for an action to...