This section contains the nature of the case and procedural background.

H and W, had each been married before. They executed a pre-marital agreement stipulating the separateness of property. They also agreed to limit sexual intercourse to about once a week. H asserts that the reason for the divorce was that the wife did not keep this agreement but sought coitus thrice daily. W testified she kept their agreement despite her frustration at not being 'permitted' at other times even to touch H. The trial court awarded W alimony and H appealed.

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