Tag: celebrity divorce

Transformer: Marital Settlement Agreement

Posted by Ron Kauffman on

Actress Megan Fox and her estranged husband Brian Austin Green are transformers: changing from married to single after finalizing their marital settlement agreement. The settlement agreement should resolve all of the parenting and financial issues raised in their divorce.

marital settlement agreement

More Than Meets the Eye

Actress Megan Fox, 35, is one of the stars of the Transformers movie franchise. Her husband, David Austin Green, 48, is also an actor, best known for his portrayal of David Silver on the television series Beverly Hills, 90210

According to many reports, the couple did not have a prenuptial agreement before getting married. This means that, under California law, they will have to divide all of the community property they acquired during their decade-long marriage.

Details about the marital settlement agreement are murky. It is unclear whether either one of the parties will be paying alimony or child support, though the divorce documents refer to a settlement being agreed upon outside of court.

Regarding parenting, the couple agreed to share joint legal and physical custody of their three children, a highly contentious issue for many couples, but a demand which Fox requested when she initially filed for divorce in November 2020.

Fox will also get her legal last name changed back from Green. News reports indicate both Fox and Green have moved on. Fox has been in a highly publicized romance with Machine Gun Kelly since mid-2020, while Green has been dating “DWTS” pro Sharna Burgess.

Florida Marital Settlement Agreements

I’ve written about agreements before. Most family law cases are resolved by agreement, not by trial. A Marital Settlement Agreement is the method to resolving all of the issues, and is the final product of the negotiations.

A marital settlement agreement puts in writing all the aspects of the divorcing parties’ settlement. Topics covered in the Marital Settlement Agreement include the parenting plan and timesharing schedule, the division of the parties’ assets and liabilities (called “equitable distribution”), alimony, child support, payment of attorney’s fees and costs, and any other items to which the parties have agreed.

A marital settlement agreement entered into by the parties and ratified by a final judgment is a contract, subject to the laws of contract. The enforceability of contracts in Florida is a matter of importance in Florida public policy.

Marital Settlement Agreements in Florida are treated differently than prenuptial agreements. There’s a good reason for the difference in treatment, and it turns on the adequacy of the knowledge of the finances involved.

The adequacy of knowledge can be plausibly raised only when an agreement was reached by people in conditions of mutual trust and confidence and who are not dealing at arm’s length – such as when you are negotiating a prenuptial agreement.

But once you are involved in divorce proceedings in court, you are dealing at arm’s length and without the special fiduciary relationship of unestranged spouses. Questions about the adequacy of your knowledge of finances don’t really exist when you are in court and have the opportunity to take financial discovery.

Hope and Faith

The couple had a rollercoaster relationship from the start. After meeting on the set of “Hope & Faith” when Fox was just 18 in 2004, they were engaged and living together by 2006. In 2009, they made a “mutual decision” to end their engagement only to be re-engaged and married by the end of June 2010.

Four years and two kids into their marriage, Fox stated very publicly that there was no “intimacy whatsoever” with her husband during a red carpet interview. Fox has been in a new relationship with Machine Gun Kelly consisting of a  whirlwind of PDA’s and selfies.

Her soon to be ex-husband Green confirmed:

“I’ve never met him, but Megan and I have talked about him. They’re friends at this point, and from what she’s expressed, he’s a really nice, genuine guy, and I trust her judgment.”

The Fox News article is here.

 

Validity of Prenuptial Agreements

Posted by Ron Kauffman on

Courts which uphold the validity of prenuptial agreements have singer, Kelly Clarkson, singing a happy tune. A family court judge recently declared her prenup was valid. The ruling means Clarkson holds the reins to a $10.4 million Montana ranch where her former husband, Brandon Blackstock, has been living and refusing to leave.

Prenuptial Agreement

Stronger in the Treasure State

Singer, songwriter, and The Voice coach, Kelly Clarkson, gave her fans a sneak peek of her ranch in rural Montana, where she was sheltering-in-place with her family amid the COVID-19 pandemic. Earlier this year, before ruling on ownership of the ranch, the judge ruled that her music manager and ex-husband, Brandon Blackstock, would have to pay $81,000 per month for the upkeep for the Montana ranch where he was then residing.

Although court papers show that he is only making about $10,000 per month – a far cry from his ex’s $1.5 million monthly income – Clarkson was then paying him $150,000 in spousal support and another $45,000 in child support each month.

Recently the family court rejected Blackstock’s argument that the Montana ranch is marital property and should be shared equally by both exes, according to the Sept. 30 order obtained by E! News. Instead, the judge upheld their premarital agreement, and found that the Montana ranch was Clarkson’s non-marital property identified in the prenup.

The family judge’s ruling means Clarkson takes control of the ranch:

“The Court further finds that the Montana Ranch and the other two Montana properties are not titled in both of the Parties’ names either as joint tenants with right of survivorship or as tenants by the entireties, as required under the PMA to create marital property,” reads the decision. “The Court therefore rejects Respondent’s position that the Montana Ranch and other Montana properties are marital property owned 50/50 by the Parties.”

The situation appears to be complicated for the pair: While Clarkson owns the property, her ex-husband is the one living there.

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements are not just for celebrity singers and songwriters, and they are about much more than just resolving expensive Montana ranches acquired during a marriage.

Any couple who brings any personal or business assets to their marriage can benefit from a prenuptial agreement. They are important to have in place before a couple starts investing in businesses, properties, and other investments.

But prenups are frequently challenged in court.

Florida has both case law and a statute to help lawyers, judges and the parties determine if a prenuptial agreement is enforceable. For example, Florida adopted the Uniform Premarital Agreement Act. The Act requires that all premarital agreements be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.

Couples wanting to sign one can enter into a premarital agreement with respect to their rights and obligations in any of their property, whenever and wherever acquired or located; their right to buy, sell, use, transfer, or otherwise manage and control their property and the disposition of their property if they separate, divorce, die, or any other event.

Prenuptial agreements may be challenged in court, as Kelly Clarkson’s former husband tried. When ruling on the validity of a prenup, Florida courts must consider things such as fraud, duress, coercion, in addition to the unfairness of the agreement, and whether there was any financial disclosure.

Mr. Know It All

In order to beef up his claim to marital property, after their separation, Blackstock made a “deliberate choice” to “change his life” and become a full-time rancher, according to an August filing obtained by E! News. At the time, he was “exclusively using” the Montana ranch as his “residence and business.”

Clarkson previously requested permission to sell the ranch because of the “financial burden” of maintaining a property that was only being used by her ex-husband. The costs of maintaining the ranch are $81,000 per month, the court determined.

However, the judge initially rejected her request to sell the Montana site. Blackstock was ordered to pay the hefty property fees beginning in April 2021. For her part, Clarkson was required to pay nearly $200,000 per month to Blackstock, a former music manager, in spousal and child support. He is responsible for “100% of the cost” of transporting their two children (River, 7, and Remington, 5) to and from Montana. He has a 25 percent custodial timeshare.

After the ruling on the prenuptial agreement, Clarkson now has the right to sell the Montana ranch as she is the one who purchased it, according to the report. The ex couple’s divorce has been ‘bifurcated’ meaning the end of the marriage has officially been declared and some financial issues were reserved on.

The NBC Chicago news article is here.

 

Custody Unconnected with Divorce

Posted by Ron Kauffman on

Skateboarder and actor, Bam Margera, whose filmography includes the “Jackass” film franchise, is learning his wife, Nicole Boyd, filed for custody of the couple’s son, but unconnected with divorce. If approved by the court, Boyd would be awarded full custody of their 3-year-old son, perhaps child support, but no divorce from her husband.

Custody Unconnected Divorce

Bam!

Brandon Cole “Bam” Margera is an American skateboarder, stunt performer, television personality, and filmmaker. He came to prominence in the early 2000s as one of the stars of the MTV reality stunt show “Jackass”. He also created the Jackass spin-off shows Viva La Bam and Bam’s Unholy Union and co-wrote and directed his films Haggard and Minghags.

On October 5, 2013, he married Nicole Boyd in Reykjavík, Iceland. On June 19, 2017, Margera announced that Boyd was pregnant with the couple’s first child. On September 7, 2017, it was announced that the child, a boy who was born on December 23, 2017.

Bam’s wife Nicole is 37 years old and hails from California. Like Bam, she also works in entertainment. According to Biographypedia, she worked as an actress and performed at PennHurst Asylum, which is one of the scariest haunted attractions in the US. In 2016, she also appeared on an episode of the TV series Togetherness.

According to media sources, Nicole Boyd filed pleadings last week in a Los Angeles Superior Court seeking full custody of their child. She’s willing to give Bam visitation, but only with a timesharing supervisor – whom he can select – but she must approve. Notably, Nicole only asked the court to resolve the issue of child custody. According to reports, she did not file a divorce petition to end their 8-year marriage.

The “Jackass” star has had an incredibly turbulent past couple years, which recently culminated with him suing Johnny Knoxville and several other members of the “Jackass” team for alleged “inhumane treatment.”

This came well after Bam got booted from the fourth installment of the film franchise for failing to stay clear of drugs and alcohol, escalating attacks on the “Jackass” crew and rants about suicide. Things got so bad, director Jeff Tremaine got a restraining order against him.

Parenting Plan Unconnected with Dissolution of Marriage

I’ve written about child custody before. Florida does not use the term “custody”. Instead, we have the parenting plan concept. For purposes of establishing a parenting plan, the best interest of the child is the primary consideration.

The best interests of the child are determined by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including the mental and physical health of the parents. What about filing for divorce?

Florida provides for filing a petition for support and for a parenting plan unconnected with a dissolution of marriage. There may be several reasons why a couple may not want to petition for divorce, but do want to establish child support and a parenting plan. For example, they may not meet the requirements for dissolution of marriage, or their religion may prohibit divorce, or maybe they were divorced and never received a parenting plan in their original state or country.

Risky Business

Boyd’s bid for custody is just the latest legal battle that Bam has found himself entangled in within recent months. Back in June, Jackass 4 director Jeff Tremaine won a restraining order against Margera, a previous star of the MTV movie and TV franchise.

At the time, a judge granted the permanent restraining order for a period of three years. The restraining order is also applicable to Tremaine’s wife and two kids.

Tremaine, 55, filed for the restraining order against Margera after the former TV star allegedly sent him and his family death threats. In the documents obtained by PEOPLE, Tremaine included several screenshots of texts allegedly sent from Margera, including one in which he says he meant the threats against Tremaine’s children “from the bottom of my heart.”

In addition to threatening messages, Tremaine claimed that Margera called his colleague and said “that he has ‘powers as a wizard’ and ‘can create and strike lightning’ while speaking at times using numbers instead of English.”

Then, in August, Margera sued Johnny Knoxville and others for what he alleged was a wrongful firing from the upcoming film, Jackass Forever. Knoxville has not returned PEOPLE’s request for comment.

According to court documents obtained by PEOPLE, Margera sued Knoxville, directors Tremaine and Spike Jonze and Paramount Pictures alleging “inhumane, abusive and discriminatory treatment” of him.
The star was fired from the franchise last year after testing positive for Adderall, a supposed violation of his “wellness agreement,” which he signed with the film’s producers.

Margera, who has struggled with substance abuse and been in and out of rehab in the past, alleged in his lawsuit that Jonze, 51, Tremaine and Knoxville, 50, “accosted him and coerced him into signing a draconian ‘Wellness Agreement.'” If he didn’t, he claimed, they told him he would be cut from all future Jackass projects.

The Yahoo Entertainment article is here.

Social Media and the Kardashian Divorce

Posted by Ron Kauffman on

For singer Kanye West, keeping up with his Wife Kim Kardashian on social media during their divorce just became a little harder. Forget the pandemic, the real news is that Kanye unfollowed Kim on Instagram! Few realize that social media can play an important role in a divorce.

divorce social media

Gold Digger?

Kim and Kanye married in Florence, Italy on May 24, 2014. A source reported that the couple had been going to marriage counseling. However, after counseling, Kim filed for divorce this year. The couple likely has a prenup, given the money at stake and considering it’s Kardashian West’s third marriage. Additionally, their biggest assets may be separately owned and operated businesses.

Their divorce could get more complicated when it comes to their shared real estate assets — including their Calabasas mansion, with an estimated $30,000 bathroom sink.

Kanye may the wealthier of the pair, with his net worth tied up in Yeezy, with an estimated value of $1.26 billion. His shoe brand is known for sneakers that cost upwards of $200 a pair. Kim’s wealth is believed to be invested in KKW Beauty with an estimated value of $500 million.

Social Media and Divorce

I’ve written about the widespread use of social media in society, and how that impacts family law cases – especially when it comes to authenticating documents in a divorce court.

Some exhibits are so trustworthy they don’t even require a witness to authenticate. Evidence Rule 201 lists matters which a court must judicially notice, meaning a judge does not have discretion but to admit indisputable evidence.

The list is short and includes laws of the Congress and Florida Legislature; Florida statewide rules of court, rules of United States courts, and U.S. Supreme Court rules.

Rule 202 includes even more matters, but also provides judges leeway in deciding whether or not to take judicial notice. For example, the statute allows a court to take judicial notice of facts that are not subject to dispute because they are “generally known within the territorial jurisdiction of the court”, and facts that are not subject to dispute because they are “capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.”

But with the widespread use of fake social media accounts, you have to start to wonder whether the genuineness assumption of evidence in family court still stands. Anyone can set up a fake Kardashian Instagram account.

The increasing use of electronic evidence at trial, and the ease with which it is impersonated and manipulated, pressures us to bolster foundational evidence more than ever.

Stronger

Kanye previously unfollowed Kim and her sisters on Twitter in June. He confessed to being unfaithful during their seven-year union in a song:

 “Here I go actin’ too rich / Here I go with a new chick / And I know what the truth is / Still playin’ after two kids / It’s a lot to digest when your life always movin.”

Social media is the cause behind one in seven divorces. Social media can not only cause marriages to end — they can impact your divorce and weaken your case.

One of the first places your spouse’s divorce lawyer will look for evidence is online. Even seemingly harmless pictures or statements can have a legal impact later. When you are disputing child custody, what you post on Facebook can make you seem unfit.

It can be frustrating to know the latest legal motion in your divorce was the result of something you posted online. Although you don’t have to remove your social media presence during a divorce, caution in posting is advised.

While your divorce case is pending, limit your posting online. Be careful when discussing things with your soon to be Ex and their friends. Also, be careful of the kinds of photos you post online as they can hurt your custody case.

Kanye has had a complicated relationship with social media. In July 2020, he claimed on Twitter that he had been trying to divorce Kardashian after she “met with Meek [Mill]” nearly two years prior to discuss prison reform.

Kanye referred to Kim’s mother, Kris Jenner, as “Kris Jong-Un”.

Conversely, Kim is playing things well. She publicly supports Kanye after separating, defends him, and asked her fans to be kind to him as he has bipolar disorder.

“He is a brilliant but complicated person who on top of the pressures of being an artist and a black man, who experienced the painful loss of his mother, and has to deal with the pressure and isolation that is heightened by his bi-polar disorder. Those who are close with Kanye know his heart and understand his words do not align with his intentions.”

The Fox News article is here.

Equitable Distribution of Sports Memorabilia in Divorce

Posted by Ron Kauffman on

The Chicago Cubs’ Ben “Zorilla” Zobrist and his wife, singer Julianna Zobrist, are finally starting their divorce trial this week in Tennessee, and the equitable distribution of his sports memorabilia – jerseys, trophies, and rings – is taking center field.

Equitable Distribution Sports Memorabilia

Play Ball

On August 9th, proceedings will begin in the highly publicized divorce trial, and how the marital estate is to be distributed. For months, the duo’s fallout has captured national attention, with shocking details in the news.

Julianna wants an even split of all assets and primary custody of the children, with child support. But interestingly, she also wants an additional $4 million – essentially, the “amount of money he failed to preserve by abruptly and intentionally failing to satisfy his baseball contract.”

The return netted Ben $4.5m of his $12.5 million salary. In April, she was awarded $1.72m from the sale of the couple’s house in Chicago, as well as an additional $772,500 to “purchase a new home as her separate property.”

On the other hand, Ben alleges Julianna overspent from their marital estate— a court order limited her to spending $30,000 per month for living expenses due to exorbitant spending — he’s seeking 60% of the couple’s assets, and believes his sports memorabilia should not be part of the equitable distribution because it’s his separate property.

Worse, Ben argues Julianna’s motive in hiding her affair with their pastor/marriage counselor, was to trick him back into playing baseball so there would be more money for them to divide.

“One would be hard pressed to concoct a more deceitful, sinister, and otherwise inappropriate scheme than wife has devised in this divorce matter“

According to the Tribune, Ben estimates their marital estate is worth $24 million, while Julianna estimates it’s worth nearly $31 million

Florida Equitable Distribution

I have written about equitable distribution in Florida before. In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, a court must set apart to each spouse that spouse’s non-marital assets and liabilities.

However, when distributing the marital assets between spouses, a family court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.

In Florida, nonmarital assets include things such as assets acquired before the marriage; assets acquired separately by either party by will or by devise, income from nonmarital assets, and assets excluded as marital in a valid written agreement. Importantly for this baseball player’s divorce, non-marital assets would include sports memorabilia acquired separately by non-interspousal gift.

Foul Ball

The duo filed for divorce after Ben found out Julianna was cheating on him with their pastor Byron Yawn, who was also Ben’s business partner . . . and apparently their marriage counselor!

Ben filed a lawsuit claiming Yawn, who at the time was senior pastor and elder at Community Bible Church in Nashville, provided counseling to the couple before and during their marriage. He is seeking $6 million in damages from Yawn.

Julianna hired a sports memorabilia expert to assess the monetary value of many of the items Ben accumulated during his 14-year Major League Baseball career. The memorabilia includes uniforms, which were given to him by different teams, bats, balls and gloves, some of which were used in games, his World Series and All-Star Game rings, World Series trophies, and a 2016 World Series MVP Camaro gifted to him by General Motors.

The replica World Series trophies are valued at $2,000 each. The Camaro is valued at $30,000. Other items include gifts from teammates and friends such as a Roger Clemens-autographed baseball and a Ted Williams-signed bat.

The issue comes down to whether those items legally should be considered Ben’s “separate property” or part of the marital estate.

Zobrist does not consider sports memorabilia “marital assets” for a few reasons. First, he claims none of his contracts with major-league teams discussed baseball hats, gloves, jerseys, trophies or rings as being part of his compensation and because he has no intention of selling them or doing anything but keeping them as mementos for himself and his family.

He also argues that sports memorabilia are gifted keepsakes from other players during his baseball career. This is a customary practice in baseball and gifts are specifically set out as separate property under Tennessee code.

The Chicago Tribune article is here.

Kelly Clarkson Fired Up About Paying Alimony

Posted by Ron Kauffman on

Since he’s been gone, life got very expensive for singer and songwriter Kelly Clarkson. She is especially fired up after being ordered to pay her ex-husband, Brandon Blackstock, nearly $200,000 per month in alimony and child support according to several media reports.

Alimony Clarkson

“Heat”

The red-hot career of songwriter and television star Kelly Brianne Clarkson started after winning the first season of American Idol in 2002, which earned her a record deal with RCA.

The kindling for her romance with Blackstock started when Clarkson met the music manager backstage at a rehearsal for the Academy of Country Music Awards in 2006. Their love was ablaze. They engaged in December 2012 and married a year later at a luxury estate in Tennessee. They have two children together.

Their love extinguished, she divorced Blackstock after only seven years of marriage. Kelly filed for divorce in Los Angeles on June 4, 2020, citing “irreconcilable differences” – and the proceedings have been heated.

Clarkson lit up talking about her divorce during an episode of The Kelly Clarkson Show.

“2020 has been a dumpster fire and has brought a lot of change also to my personal life. Definitely didn’t see anything coming that came.”

Now Clarkson has another dumpster fire to put out. She is reportedly burning up about her divorce and fiery custody battle with ex-husband Brandon Blackstock.

Adding fuel to the fire, a Los Angeles judge ruled Clarkson will be required to pay $150,000 to Blackstock each month in alimony. Additionally, she will need to pay him monthly payments of $45,601 for child support and over a million dollars for his legal fees, according to some media reports.

Florida Alimony

I’ve written about subject of alimony in Florida. In every Florida dissolution of marriage case, the court can grant alimony to either party – husband or wife. Not many people realize there are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, or for the moment, permanent alimony.

Florida courts can also award a combination of alimony types in a divorce. Alimony awards are normally paid in periodic payments, but sometimes the payments can be in a lump sum or both lump sum and periodic payments.

In determining whether to award alimony or not, the court has to first decide as to whether a spouse has an actual need for alimony, and whether the other party has the ability to pay alimony.

Typically, courts consider any type of earned income or compensation — that is, income resulting from employment or other efforts — along with recurring passive income, such as dividends on your investments, in establishing the amount of support you will be responsible to pay.

In Florida, once a court determines there is a need and the income available to pay alimony – sometimes referred to as the ability to pay alimony – it has to decide the proper type and amount of alimony.

In Florida, once a court determines there is a need and the income available to pay alimony – sometimes referred to as the ability to pay alimony – it has to decide the proper type and amount of alimony. In doing so, the court considers several factors, some of which can include:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of each party.
  • The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
  • The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate.

But, after establishing the music manager husband’s need for alimony, how much money is there in determining the musician wife’s ability to pay?

“misfits living in a world on fire”

A source close to the American Idol alum said the Kelly is broiling about her divorce – especially the part about her being ordered to pay nearly $200,000 to her Ex-husband each month.

“Kelly is dealing with all the emotions one can deal with concerning her divorce. She has been sad, angry, shocked and every emotion one can feel, she has felt it and she never wanted it to get nasty, never wanted it to be a thing that she will have to deal with for a long time, but it is now a part of her everyday life.”

Another aspect of her divorce sparking a blaze is the fact that, in addition to her paying her Ex alimony and child support, Clarkson is red hot after being ordered to pay $1.25 million to her Ex-Husband’s lawyers, the report states.

The Fox News article is here.

Dr Dre and Temporary Alimony

Posted by Ron Kauffman on

Nicole Young will be receiving a substantial amount of temporary alimony during her ongoing divorce from Dr Dre. According to reports, a judge just ordered the music mogul to pay his wife $293,306 per month in temporary spousal support.

Temporary Alimony

Nuthin but a Two Hundred G Thang

Dr Dre, of course, is an American rapper and producer. As a member of N.W.A and later as a solo artist, he sold hundreds of millions of albums and singles during his career. He and music producer Jimmy Iovine co-created “Beats By Dre” which was later acquired be Apple in 2014 for $3 billion. At the time of the sale, Jimmy and Dre both owned 25% of Beats by Dre and each reportedly earned $750 million from the deal.

In June of 2020 it was reported that Dre’s wife of 24 years had filed for divorce. At the time of the filing some estimated that Dre’s net worth was $820 million. While Nicole’s temporary alimony award would be considered “ok” for most people, the amount is much less than what she asked for.

In September 2020, Nicole asked for $2 million per month to cover her needs. The recent temporary alimony award amounts to a temporary alimony of more than $3.5 million a year.

In addition to the monthly cash payments, Dr Dre will also reportedly have to pay for the expenses of their Malibu and Pacific Palisades homes and will pay for Nicole’s health insurance. The couple has two adult children.

Florida Temporary Alimony

I’ve written about alimony before. In every Florida dissolution of marriage case, the court can grant alimony to either party. Not many people realize there are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, permanent alimony, and of course, temporary alimony.

Florida courts can also award a combination of alimony types in a divorce. Alimony awards are normally paid in periodic payments, but sometimes the payments can be in a lump sum or both lump sum and periodic payments.

Pursuant to Florida law a judge can award temporary alimony to either spouse if there is a well-founded request while a divorce action is pending. The standard for awarding temporary alimony is the same as when the trial court considers a request for permanent alimony, namely, the parties’ standard of living along with the need of the petitioning spouse and the ability of the other spouse to pay.

Even if you are in a short-term marriage, you can be awarded temporary alimony because the duration of a marriage, standing alone, is not justification for denying temporary relief.

Additionally, even if you have a prenuptial agreement which specifically waives temporary alimony, in Florida temporary alimony cannot be waived by agreement, and may be considered void and against Florida public policy. Instead, a Florida court determines temporary alimony by balancing the needs and ability to pay.

Forgot About Dre

Young filed for divorce from Dr Dre in June 2020 after 24-years of marriage. The divorce proceedings have been anything but amicable. Young accused the acclaimed rapper and producer of emotional and physical abuse; which Dre has strongly denied.

Technically, they are already divorced. Dr. Dre’s marriage was legally dissolved by a family judge after Dre filed a motion for bifurcation, requesting the judge dissolve the marriage and reserve on the remaining issues so they can be resolved later. The divorce case has yet to be finalized.

The Yahoo news report is here.

 

The Simpsons and Benefits of Divorce

Posted by Ron Kauffman on

The Guardian reports on The Simpsons animated sitcom, its longevity, and its influence on western culture. But most importantly, what the Guardian finds really astonishing about The Simpsons is that Marge has not filed to divorce Homer yet.

Trouble in Springfield

If The Simpsons was rooted in any form of real life, and didn’t reset itself sitcom-style after every episode, it would be a harrowing drama about a woman trapped in an impossibly unhappy marriage.

In The Simpsons Movie there is a quiet moment where Marge sits on the bed, silently absorbing yet another energy-draining screed from her feckless husband, before admitting that her marriage has “aged me horribly”. What else would motivate her to divorce?

For starters, in 1992 Homer was actively considering an affair. In 1994 he deliberately revealed all of his wife’s innermost secrets to the whole town. Then in 1999 he got blackout drunk in Las Vegas and married a cocktail waitress. Worse, in 2004 he drove a car drunk, crashed it, and framed his wife.

Conversely, before marriage Marge was a brilliant, resourceful, academic young woman. She joined the police. She wrote novels. She briefly became mayor of Springfield. Unshackled from her awful marriage, there would be no stopping Marge.

Florida Divorce Benefits

I’ve written before that divorce comes at a high price. You walk away from your marriage with significantly fewer assets and retirement savings by virtue of the property division.

You can lose more if you have to pay support or alimony. Then there’s the emotional toll. But there may be a silver lining, some divorce benefits you were not aware of.

The Guardian suspects Marge may be better off after divorce, and there may be some truth to that theory. Divorce may have a few silver linings, some unknown or hidden benefits to take some of the sting away from an otherwise painful process.

The end of a marriage can mean the end of fights over money. That is a divorce benefit. There is no more struggle over which categories get priority in the budget; no more evenings spent fighting or pleading with a spouse to rein in spending.

Another benefit is that a divorce is one of the few times you can pull money out of your retirement account early and not pay an early withdrawal penalty. When the court enters a QDRO (a Qualified Domestic Relations Order) as part of a divorce, it allows for an early withdrawal from the account.

This money may be exempt from the typical penalty assessed, although income tax still needs to be paid if the money is not rolled into an IRA. Cashing out part of your retirement account can be very risky, but it gives you some benefit to your money you may not otherwise have.

Divorce could mean better investment returns. After a divorce, you have the opportunity to take over your own retirement planning and investments. Being the captain of your own financial ship could be a financial benefit in the long run. I have also written about there being some tax issues in divorce which may benefit you.

Sometimes you can structure your marital settlement agreement so that the lower-earning parent becomes the custodial parent, giving your student the best chance of qualifying for the most financial aid.

D’oh!

How would the Simpson children fair after divorce? Bart may be forced into taking on more responsibilities, which could curb his delinquent behavior. Lisa would see that there is a path in life that doesn’t involve being crushed by the weight of patriarchal expectations.

Lost in the Guardian article (as reported in the Los Angeles Times) is the fact that the Simpsons have been divorced before – for 12 whole seasons — according to various summaries of “Simpsons” episodes. In Season 8, Homer secretly divorced Marge because he believed she deserved better but then quickly remarries her at the end of the episode in a proper ceremony in front of all her friends.

Twelve seasons later, at the time of their second wedding, the Rev. Lovejoy’s license to officiate weddings had expired. So, unbeknown to them, the couple had apparently been divorced that whole time. It was an error they rectified, of course, by the end of the episode.

The Guardian article is here.

 

A Fast and Furious Divorce Property Division

Posted by Ron Kauffman on

Jordana Brewster’s divorce got expensive. The Fast and Furious star’s property division comes at a steep price as she has to buy out her ex-husband from their Los Angeles former marital home.

Fast & Furious 5,000,000

According to news reports, Brewster, 41, agreed to pay her ex-husband, Andrew Form, $5 million as part of their divorce settlement, The figure represents his half of their marital home in Los Angeles, which she will keep.

Additional details of the divorce settlement include that any income Brewster makes from the latest “Fast and Furious” movie is her separate, non-community property.

Her producer ex-husband also agreed that any income either earns “as a result of their personal and professional effort” from May 13, 2020 and beyond “shall be the separate property of the earning party.”

Neither Brewster nor Form will receive or pay spousal support. While a judge still needs to sign off on their agreement, Brewster and Form are legally single and co-parenting their two sons.

Florida Divorce and Property Division

I’ve written about houses and property divisions before. California is a community property state, but Florida is an equitable distribution state. In Florida, every divorce requires the court has to set apart nonmarital property, and distribute the marital property.

Florida judges always begin with the premise that the property distribution should be equal, unless there is a reason for an unequal distribution based on several factors.

One of the factors the court has to consider is the desirability of keeping the home for the kids or a spouse, if it’s equitable to do so, if it’s in the best interest of the child, and financially feasible.

Some spouses decide to sell but schedule the sale months or years into the future. This happens when a couple has kids, and both parents agree that the house shouldn’t be sold to preserve the school district or allow for easier timesharing.

There are other problems in a keeping a house in which your name is still on title. In the even that your ex-spouse does not pay the mortgage timely, your own credit will suffer the late notices.

And, if someone invited to your old home is hurt, that person will sue the record title owners for their damages. If your name is on title as an owner, that’s you! Making sure you have decent insurance on the house may be in order.

Many communities are experiencing a red hot real estate market. If you can’t wait for years, and need to sell immediately, there’s a silver lining in addition to this being a seller’s market. A fresh start and new beginning after a complete division of all of the assets tying you together with your Ex is the best way to go forward for some people.

However, there’s a cost of sale. When you sell your house, you pay a commission, and other expenses, like taxes, title expenses, repairs which can average about 10 percent of the sale price.

The California Marriage Massacre

Brewster and Form met while working on “The Texas Chainsaw Massacre: The Beginning.” Form was a producer on the film.

“We started dating in secret — you know, hanging out in my trailer — because it would have been unprofessional otherwise,” she previously told InStyle Weddings (via People). “But every day, Andrew wore these work boots to the set, and if I was lying down in the shot or there was equipment in the way, I’d look for his shoes. It was comfortable just to know he was nearby.”

They called it quits after 13 years of marriage in June 2020, and the actress filed for divorce the following month. In a deeply personal essay she wrote for Glamour, Jordana says she was compelled to divorce Andrew due to their vastly different schedules.

‘Most of why my marriage didn’t work was not my ex-husband’s fault,’ she said. ‘He loves work. He loves being on set, on location. I knew this from ages 27 to 32, but it became a problem for me once the kids were older. I wanted a partner.’

‘So, toward the beginning of the pandemic, Andrew and I decided to separate. The combination of being apart for most of the year for many years and growing apart emotionally took its toll.’

Just days after their separation, Jordana would reconnect with her current boyfriend Mason Morfit, whom she first met a few years earlier when they were both still married to other people.

‘Four days after I separated from Andrew, I was on a plane to San Francisco to visit this man I had met only once but who had stayed on my mind. I knew he’d been separated for two years. I wanted to see him, to confirm whether the image I’d built up in my mind matched reality. What I got was far more than I expected.’

During a time when the world avoided all contact, when it was mandated that everyone stay six feet apart, Mason and I blended into each other.’

The couple shared a five-minute long embrace and a kiss when they reunited at the airport. As far as Andrew, the movie producer has since moved on with actress Alexandra Daddario, who debuted their romance in May 2021 with a kissing snap.

‘I love you . . . and even that is an understatement,’ she captioned the photo.

The Fox News article is here.

Divorce Politics and Privacy

Posted by Ron Kauffman on

Connecticut State Senator Alex Kasser’s resignation is a very public reminder about the intersection of divorce, politics and privacy. The hard won seat for Democrats is now up for grabs by state Republicans in Greenwich.

Divorce Privacy Politics

Heartless in Hartford

Last week Connecticut state senator Kasser announced she is resigning, saying her ability to do her job has been harmed by a bitter divorce battle being waged by her husband, Seth Bergstein, a top Morgan Stanley executive. In her resignation statement posted on Medium, the Democrat from Greenwich wrote:

“Seth uses his powerful position at Morgan Stanley to enable his conduct, so I must work even harder to fight for my freedom.”

The stunning move comes two years after Kasser went public with her romantic relationship with a woman who had previously run her first Senate campaign and then briefly worked in her legislative office.

Kasser told her husband more than a decade ago told she is a lesbian, according to an op-ed she wrote in The Stamford Advocate newspaper last fall. Kasser, 54, charged on Tuesday that Bergstein “has tried to destroy” that same-sex partner, Nichola Samponaro, “with lies about our relationship and harassing court motions that mention her 56 times for no relevant reason — she had nothing to do with ending my marriage. I will not stay silent as a homophobic, entitled man attacks my partner.”

Bergstein, 55, is a senior managing director and head of global services at Morgan Stanley.

Florida Divorce Privacy

I’ve written on divorce privacy issues before. Divorce privacy is an issue that comes up a lot. Divorces in court are public events, and the filed records of court proceedings are public records available for public examination.

Both the public and the media can challenge any closure order by a divorce court. The closure of court proceedings or records should only really occur when it’s necessary to comply with established public policy, to protect trade secrets; or to protect children in a divorce among other reasons.

Florida also has new rules protecting sensitive data from public view. This includes protecting Social Security, Bank Account, Debit, and Credit Card Numbers because if those numbers are included in a document, they may become part of the public record.

If information is absolutely required, there is a rule with procedures for sealing and unsealing of court records. Also, the Clerk of Court has the authority to redact or make confidential only specific information.

If sensitive information has already been filed in Court Records, you must complete and submit a “Notice of Confidential Information Within Court Filing” in order to remove or seal it.

Divorce Power Politics

It is difficult to know where the balance of power in a relationship is when a powerful state senator admits to CNBC she no longer has contact with her three children with Bergstein.

Kasser made a splash in 2018 when she became the first Democrat in nearly 90 years to win the 36th District Senate seat, which includes Greenwich and parts of Stamford and New Canaan. Her narrow victory helped Democrats end two years of splitting control of the state Senate with Republicans. Last November, she doubled her margin of victory to 2.6% to win reelection to another two-year term. Kasser said a special election would determine her successor.

“I can no longer live or work in Greenwich as it is loaded with memories of the 20 years I spent raising my children here. It is too painful to be in Greenwich now that I’ve been erased from their lives, just as their father promised would happen if I ever left him.”

The senator’s surprise announcement also comes as she prepares for her divorce trial, set to begin in September in Stamford Superior Court, where her lawyers have sought to depose three Morgan Stanley employees over what they have suggested were improper efforts by the investment bank to obtain personal financial information from her.

“It is with deep sadness that I announce my resignation as State Senator. Serving the residents of Connecticut’s 36th Senate district has been a profound honor and a great joy. However, due to personal circumstances, I cannot continue. For nearly three years, I’ve been trying to divorce Seth Bergstein. As all survivors of domestic abuse know, emancipating ourselves is an epic struggle that takes years, requires unflinching courage and all our resources — mental, physical, and financial.”

Bergstein did not immediately return a request for comment. But his matrimonial lawyer, Janet Battey, in an email response to CNBC said, “Ms. Kasser’s outrageous allegations and narrative couldn’t be further from the truth.”

“Ms. Kasser sadly continues to wage a public battle in the press while simultaneously dragging out the court proceedings,” Battey said. “Throughout the marriage, Ms. Kasser described Seth as a devoted father and patient and loving husband. Seth and his three children sought to keep this matter private, but Ms. Kasser continues to make blatantly false public statements in furtherance of her own agenda.”

“Mr. Bergstein trusts the legal system and family court and that the upcoming trial will reveal Ms. Kasser’s narrative for what it is.”

The CNBC article is here.