O.C. Wife Isn’t ‘Disposable,’ Court Rules in Voiding Prenup

Saying that a husband has no right to cast off a “damaged” spouse with no support, an appellate court has set aside a prenuptial agreement between a Newport Beach millionaire and his wife, who was critically injured and disfigured in a car accident.

The state 4th District Court of Appeal on June 28 reversed a lower court’s decision that enforced a prenuptial agreement between Warren and Carol Rosendale. The appellate court ruling gives her the right to prove she is entitled to alimony and support from her former husband.

The court said that after the life-threatening accident, Warren Rosendale came to regard his wife of 10 years as a “disposable spouse,” who was “cast off” without support “once she has been damaged.”

A 1997 car crash left Rosendale’s wife with a crushed face, brain injuries and injuries to her legs and arms. She had hit a charter bus after another car veered into her lane.

The court agreed with Carol Rosendale’s attorney, who argued that it was unconscionable for her to be treated that way.

Legal experts downplayed the case’s significance.

“It’s extremely unlikely that the majority of the [prenuptial] agreements would be considered unconscionable,” said Scott Altman, professor and associate dean at USC Law School.

The court sent the case back to Superior Court, where Carol Rosendale must prove she’s entitled to spousal support, said Max A. Goodman, a professor at Southwestern University School of Law in Los Angeles.

Warren Rosendale, 70, could not be reached for comment. He is a retired manufacturer and real estate investor.

He has not decided whether to appeal the decision to the state Supreme Court, said his attorney, Jeffrey W. Doeringer.

Doeringer criticized the ruling, saying it destroys the expectations of husband and wife and could raise questions about the validity of other prenuptial agreements.

Carol Rosendale, 66, said she didn’t consider herself an advocate for people who have signed prenuptial agreements.

“It’s never been my intent to hurt anyone,” she said. “But after my accident I couldn’t afford to live in our Newport Beach home.”

At the time of the accident, she was in her Jeep Cherokee to pick up dry cleaning in Rancho Mirage, where the couple owned a second home.

After the crash, she was unconscious for 11 days. She does not remember details of the accident, but does recall her husband’s telephone call 2 1/2 years later. “He told me he wanted a divorce,” she said.

Her attorney, Merritt L. McKeon, said Rosendale’s medical bills are about $1 million. Although she has insurance, she is unable to work. She has had extensive surgery on her face, knees and legs.

Though her husband argued that he paid her $100,000 in spousal support, the appellate court found that that was to clear up property titles and was not support.

McKeon expressed hope that both sides can reach a resolution. “She just needs some peace,” he said. “This whole process has been very difficult for her.”