Tag: celebrity divorce

Divorce and Cheating in Cabo

Posted by Ron Kauffman on

Cheating may be involved in the divorce between Dancing with the Stars‘ Gleb Savchenko and his estranged wife, Elena Samodanova after Samodanova was spotted kissing another man while vacationing in Cabo San Lucas, Mexico.

Cheating Divorce

Dirty Dancing

The So You Think You Can Dance choreographer, 36, submitted documents to a Los Angeles courthouse on Tuesday, December 22, seeking a dissolution of marriage with minor children.

Samodanova also filed a request for mediation regarding child custody, visitation and child support. The estranged pair share two young daughters.

Court documents obtained state that “the court orders both parties to participate in mediation to discuss custody and/or visitation” and help form “a mutually agreeable parenting plan.” A hearing is scheduled for March 2021.

Samodanova and Savchenko announced that they were going their separate ways after 14-years of marriage. At the time, Dancing With the Stars fans wondered whether Savchenko had become more than friends with season 29 partner Chrishell Stause.

Both denied the rumors.

Florida Divorce and Cheating

I have written about divorce and cheating before. Adultery can be the cause of a divorce, but can it impact the outcome? There is still a statutory basis for infidelity to be an issue in your divorce proceedings, but not in the way most people think.

Adultery may impact the division of property. Florida is an equitable distribution state, and it is presumed that property should be evenly divided. This presumption may be overcome by proof that one spouse intentionally wasted marital assets.

This waste is sometimes known as dissipation. Paying for expensive jewelry, foreign trips, rent, car payments, and dinners for girlfriends and boyfriends is considered wasting marital assets. The court has the power to reduce an adulterer’s equitable distribution to credit the marital estate for waste.

Florida law specifically provides that a court may consider the adultery of either spouse in determining the amount of alimony, if any, to be awarded. However, courts have struggled to reconcile the “fault” of adultery with the concept of “no fault” divorce. The result is a mix of weak opinions.

Chapter 61 discusses the “the moral fitness of the parents” as one of the factors the court considers in determining the best interests of a child.

So, if one parent can prove that the other parent’s adultery had, or is reasonably likely to have, an adverse impact on the child, the judge can consider adultery in evaluating what’s in the best interest of the child. However, it would be extremely unusual for an issue to be decided on those grounds.

They danced the famous Merengue

In photos published by Page Six, Samodanova wears a black swimsuit and red cover up as she shares a kiss on the beach with a man identified as none other than Dancing with the Stars’ Vlad Kvartin!

“It is very convenient that hours after Elena was caught out kissing another man on a beach in Cabo that she has now decided to announce that she has filed for divorce.”

My relationship with Chrishell was and remains platonic. Our friendship during our season on DWTS was not the reason for our split. Elena and I have had longstanding issues in our marriage. This has been an ongoing situation between Elena and I paired with poor timing.

Amid the pair’s messy split, an insider reported that Savchenko’s first priority was providing for his children. “Gleb is such a hands-on dad and very protective of his kids,” the source said. “He is trying to handle everything in the best way possible to not give Elena any sort of leeway for the sake of their children.”

Earlier this month, the Celebs on the Farm star joined Stause and her new boyfriend on a romantic couple’s trip to Mexico. Savchenko was accompanied by new girlfriend Cassie Scerbo.

As they showed off their budding romance on social media, a source revealed that the duo “really enjoy each other’s company” and “are just starting to get to know each other.”

In a very moving social media post, sure to touch everyone’s hearts, Samodanova sadly remarked:

“I don’t know if Prince Charming exists anymore. It’s a fairy tale which I do not really believe anymore.”

The People article is here.

 

Divorce and Crime

Posted by Ron Kauffman on

Divorce and crime are in the news after the estranged wife of former San Diego congressman, Duncan Hunter, filed for divorce after more than a year of separation amid a corruption prosecution that netted them both felony convictions.

Divorce and Crime

Trouble in America’s Finest City

Margaret Hunter is seeking a divorce because of “irreconcilable differences,” and requests joint legal custody of their two daughters according to court records filed in San Diego Superior Court. She seeks physical custody of their daughters and reasonable visitation with their father. She also asked the court to award her spousal support and attorney’s fees and costs.

The divorce filings do not include any details about the “irreconcilable differences” that ended the marriage. An attorney for Margaret said she had no comment. A spokesman for Duncan did not immediately respond to requests for comment Wednesday.

Duncan Hunter has been living with his mother and father, Former Rep. Duncan Lee Hunter. The divorce records say Margaret and their daughters have lived in La Mesa since the couple separated in August 2019.

Duncan Hunter served as a U.S. Representative from 2013 to 2020 and succeeded his father, Republican Duncan Lee Hunter, a member of Congress from 1981 to 2009.

In 2017, the Department of Justice began a criminal investigation into Hunter and his campaign manager and wife Margaret Jankowski, for alleged campaign finance violations. The couple was indicted in federal court in August 2018 for allegedly using more than $250,000 in his campaign funds for personal purposes.

Margaret had been Duncan’s campaign manager. Both initially pleaded not guilty then separately changed their pleas last year, with each admitting to one felony count of conspiring to illegally convert campaign money to personal use.

Florida Property Division and Dissipation

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.

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.

One of the factors to consider is the “intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

As a general rule, when misconduct during the divorce results in the dissipation of a marital asset, the misconduct may serve as a basis for assigning dissipated assets to the spending spouse when calculating equitable distribution.

The question is whether a spouse used marital funds for his or her own benefit and for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown.

Thrown Under the Bus

In a Fox News interview, the congressman firmly put the blame for his campaign shenanigans where it belongs . . . on his wife:

“I’m saying when I went to Iraq in 2003 the first time, I gave her power of attorney and she handled my finances throughout my entire military career and that continued on when I got to Congress since I’m gone five days and home for two. She was also the campaign manager. So, whatever she did, that will be looked at, too, I’m sure. But I didn’t do it.”

Duncan told a Fox News reporter shortly after the indictment that he had given his wife power of attorney when he was deployed to Iraq with the U.S. Marine Corps in 2003, and she handled his finances after that.

The indictment and other court records prosecutors filed in Duncan Hunter’s case before he pleaded guilty last year suggested Duncan carried on extramarital affairs with at least five women — three lobbyists, a staff member and a congressional aid — and used his campaign money to pay for weekend getaways and other outings with them, starting in 2009.

Margaret cooperated with prosecutors during their investigation, and they agreed to seek a lighter sentence. She was sentenced in August to three years of probation and eight months of house arrest, which she began serving immediately.

Duncan was sentenced in March to 11 months in prison, which he is scheduled to begin serving Jan. 4. His lawyer said he will do his time at the Federal Correctional Institute La Tuna in Anthony, Texas. Duncan resigned from his seat representing the 50th District in Congress in January.

The San Diego Tribune article is here.

Divorce Fraud in Minnesota

Posted by Ron Kauffman on

Divorce fraud may be the reason a Minnesota judge rejected a proposed marital settlement agreement between Derek Chauvin, the former Minneapolis police officer charged in George Floyd’s death, and his estranged wife.

Divorce Fraud Minnesota

Fraud and Loathing in Minneapolis

Washington County Judge Juanita Freeman issued the order in late October declining the agreement, writing that a transfer of “substantially all” of one’s assets to the other in an uncontested marriage dissolution is a badge of fraud.

The Chauvin’s agreement apparently sought to transfer the majority of Derek Chauvin’s assets to Kellie Chauvin. The order said the couple’s agreement would transfer all the equity in their homes, funds in their bank and investment accounts, and all of Derek Chauvin’s pension and retirement accounts “except for the nonmarital portion of two specific accounts” to Kellie Chauvin.

State law encourages divorces to be settled without additional court involvement, but:

The court has a duty to ensure that marriage dissolution agreements are fair and equitable and says judges can deny an uncontested agreement between a couple if the transfer features badges of fraud.

She did not accuse them of fraud or provide any other details or motives for her decision. She did write the Chauvins’ can submit a revised agreement to be considered by the court, adding it must indicate which portion of Derek Chauvin’s pension and retirement accounts are nonmarital and “include a balance sheet specifically indicating the total dollar value of the debts and assets that are assigned to each party”.

Florida Agreements and Fraud

I’ve written about the Chauvin divorce before, and also about enforcing marital settlement agreements. 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.

A marital settlement agreement, entered into by the parties and ratified by a final judgment, is a contract subject to the laws of contract. In Florida, parenting plans and matters relating to the children must be approved by the family law judge. In addition, the judge is obligated to make sure child support is consistent with Florida’s child support guidelines.

Something is rotten in the state of Minnesota

Calling the judge’s ruling “rare,” local divorce attorneys in Minnesota said it adds to suspicions that Derek and Kellie Chauvin are trying to protect their assets.

This is just speculation, but it’s possible that the [agreement] was intentionally drafted to get assets out of Chauvin’s name in anticipation of a civil judgment against him from the estate of George Floyd. That may be what the court is getting at when it references ‘badges of fraud.

Other sources report that court documents highlight varied sources of incomes between the couple with Chauvin, 46, making between $52,000 and $72,000 per year as an officer. He worked as an off-duty security guard on the weekends at El Nuevo Rodeo dance club, Cub Foods, Midtown Global Marker, and EME Antro Bar.

However, Freeman wrote that under the agreement, Kellie Chauvin would have received all the equity in their two homes, all the money in their bank and investment accounts and all the money from Derek Chauvin’s pension and retirement accounts.

Funds from two of Derek Chauvin’s accounts that were earned before the couple’s 2010 marriage would have been exempt. Chauvin was a Minneapolis officer from 2001 until his firing this year. It’s unknown if the monetary amounts were listed in the agreement due to the heavy redaction. Chauvin has not begun drawing his pension, so that amount is not yet public information.

Several tax-related felony charges filed in Washington County this summer against the couple allege that they failed to claim $464,433 in joint income dating back to 2014. Derek Chauvin earned $52,000 to $72,000 annually between 2014 and 2019 as an officer. He also earned nearly $96,000 working security at businesses while off duty.

Divorces of convenience aren’t unheard of. They’re sometimes filed to protect assets when someone enters assisted living or is dealing with health problems that could result in exorbitant bills. Judges are compelled by law to ensure that divorces are equitable, but state law also encourages settlement agreements without additional court involvement.

It may be unusual that a judge would reject a stipulated agreement. Judges are happy to know that litigants have avoided any more administration of this case and a trial, which is really time-consuming.

The Chauvins could submit a revised agreement. If no revised agreement is reached and approved, the case could be tried in court. Theoretically, Judge Freeman could also divide the assets as she deems fit and is empowered to do through state law.

The Star Tribune article is here.

 

Speaking Engagement – 2020 Family Law Case Review

Posted by Ron Kauffman on

2020 has been, well, quite a year. So, on December 10, 2020 join me and fellow board certified Marital & Family Law attorney, Reuben Doupé, for an interactive discussion on some of the major Florida family law decisions that helped make 2020 so . . . special.

2020 family law cases

Sponsored by the Florida Bar Family Law Section, attendees will be eligible for 2 CLE credits – 0.5 of which may be applied towards Ethics. The seminar will start at noon, and run for 2 hours.

Topics will include the latest decisions from Florida appellate courts on modifications, parenting plans, alimony, equitable distribution, child support, relocation, enforcement, contempt, paternity, attorney’s fees, and disciplinary and ethical considerations.

Registration is here.

 

Swinging into Child Custody Co-parenting

Posted by Ron Kauffman on

Four years after Spiderman star Tobey Maguire separated from his estranged Wife Jennifer Meyer, the couple is swinging into a new life of child custody and co-parenting in a way many divorcing couples should stick to.

Spiderman coparenting

Spiderman Meets Divorce Court

The two are officially ending their marriage. Four years after splitting, Meyer filed for divorce from the actor. Jennifer Meyer announced their separation, but the issues that led to the end of their nine-year marriage are not new.

“They’ve been living separate lives for a while. They have completely different interests and haven’t seemed to be connecting.”

Part of the problem seems to be a personality clash. “He’s extremely private and prefers to stay home, and she’s very social and has tons of girlfriends,” the source explains.

“They haven’t been happy together for a long time. But they are great parents, and they love their children.” A family friend echoed the couple’s devotion to their children. “It’s a marriage that’s ending, but a bond and a family as strong as any I know. They’re remarkable people. And very supportive of each other.”

Florida Co-Parenting

The question about an award of custody of children frequently comes up and is a matter I’ve written about before. Many people are surprised to learn that the term “custody” is no longer recognized in Florida.

Florida replaced the “custody” term for the “parenting plan” concept in order to avoid labeling parents as “visiting parent” or “primary parent” in the hopes of making child custody issues less controversial, and encourage parents to co-parent more effectively.

Under Florida’s parenting plan concept, both parents enjoy shared parental responsibility and a time-sharing schedule. “Shared parental responsibility” means both parents retain full parental rights and responsibilities and have to confer with each other so that major decisions affecting their child are made jointly.

A time-sharing schedule, as the name suggests, is simply a timetable that is included in the parenting plan that specifies the times, including overnights and holidays, that your child spends with each parent.

Florida’s parenting plan concept has changed sole custody into “sole parental responsibility.” The term means that only one parent makes decisions regarding the minor child, as opposed to the shared parental responsibility terms, where both parents make decisions jointly.

Spidey Sense

Maguire, 41, and Meyer, 39 met in early 2003 and were married four years later in an intimate wedding ceremony in Hawaii, witnessed by a small group of family and friends.

At the time Meyer, a jewelry designer, shared her feelings about the big moment, telling USA Today, “Let’s just say this is truly the best time of my life. I’m walking on air. I’m getting married, starting a family and have an amazing company.”

The actor, who has spoken out about having a rocky childhood, revealed that settling down was a big priority in his life.

“Growing up the way I did, I had a very serious ambition to make some money, to have some security and comfort in my life,” he told Parade magazine in 2007.

Maguire has been keeping a low profile in Hollywood since wrapping up Spider-Man 3 — his final outing with the franchise — in 2007, appearing only in a handful of carefully selected projects including 2013’s The Great Gatsby and 2015’s Pawn Sacrifice, his last film to date.

The actor has also been seen hanging with pal Leonardo DiCaprio and girlfriend Nina Agdal, mostly recently on a yacht in Ibiza.

Maguire and Meyer also attended Jennifer Aniston and Justin Theroux’s secret wedding last year (Meyer designed Aniston’s wedding ring), and eventually joined Aniston and Theroux on a group honeymoon trip to Bora Bora that included a slew of other friends.

“They have completely different interests and haven’t seemed to be connecting,” the insider said at the time. “He’s extremely private and prefers to stay home, and she’s very social and has tons of girlfriends.”

“They haven’t been happy together for a long time,” the source continued, “but they are great parents, and they love their children.”

Despite their separation, the duo seems to have remained on friendly terms. The Spider-Man star has shown up to support Meyer in the years since their split. In 2018, Maguire attended the opening of his ex’s jewelry store in Los Angeles and posed for photos with Meyer.

In June, Meyer wished Maguire a happy Father’s Day on Instagram, calling the actor her “best friend.”

“To the best baby daddy. All is can say is no matter what happens in life, to relationships etc…. choose a dad for your kids that you can count on forever. This one right here is my best friend and the greatest dad to our babies. I’m sorry Tobey, I know you hate Instagram, but every once in a while I like to brag to everyone about how special you are ❤️ Happy Father’s Day.”

The People article is here.

 

The Grey Anatomy of Divorce and Social Media

Posted by Ron Kauffman on

Posting your kids’ photos on Facebook, Instagram and other social media is a fun and normal event for most parents. But posting those same pics after a divorce may not be so easy, as Grey’s Anatomy star Jesse Williams and his former wife, Aryn Drake-Lee found out.

Greys anatomy

Dr. Avery to the Courtroom

Taking over three years after splitting, the Grey’s Anatomy star, 39, and his former wife, a real estate broker, 38, were deemed legally single by a Los Angeles County judge. The agreement was initially reached in September 2019.

The exes will share joint legal and physical custody of their 6-year old daughter and 5 year old son. However, their divorce is particularly interesting because they are required to first speak to each other before they can upload photos of their children on social media according to the court documents.

One of their bitterly contested issues in the news reports about their divorce centered around their two children. Aryn filed legal motions to stop the “Grey’s Anatomy” actor from posting images of their kids on social media.

Jesse had argued that it’s his First Amendment right to post photos of his own children online. But the Mother argued differently. Aryn believed that by his posting the children’s photos online, he left the door open for Jesse’s fans to become obsessive, or even try to harm the children, in order to get closer to the star actor.

The mother was also  concerned that their children are not public figures like their father, and have their own rights. In court documents, the Mother argued she didn’t care if he shares images of their kids with family and friends, it’s the random people that worry her.

Florida Divorce and Social Media

I’ve written about divorce, social media, and some of the constitutional issues involved when the court limits your ability to post online. The Grey’s Anatomy actor and the Mother’s dispute is typical: he is concerned about his 1st Amendment protections, and she is concerned about the online safety of their children.

Divorce courts have a lot of power to protect children, and that can involve restraints on free speech, such as your ability to post photos on social media. One of the areas where this occurs most often is in domestic violence cases. That’s because speech can be enjoined under our domestic violence laws.

Domestic violence injunctions prohibiting free speech are subject to constitutional challenge because they put the government’s weight behind that prohibition: a judge orders it, and the police enforce it.

In Florida, the term “domestic violence” has a very specific meaning, and it is more inclusive than most people realize. It means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Domestic violence can also include cyberstalking. Cyberstalking is harassment via electronic communications. A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree.

A credible threat means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm.

“This is your starting line. How well you play? That’s up to you.”

In court documents filed in August, Aryn allegedly claimed that their kids are being “emotionally compromised” because of Jesse’s dating life, saying he has a “revolving door” of women. She asked the judge to hand down an order that required women to stay away from the kids until he dates them for six months.

Aryn also argued that Jesse has an unhealthy temper. The actor countered that claim, saying that his kids have never seen him angry, but they have witnessed Aryn be verbally abusive to him. He also said she once repeatedly slammed the front door on his leg during an argument.

In July, he filed court documents claiming that his estranged wife refused his request for more time with the kids and so he asked for a “court order for a joint physical custody parenting plan.”

Jesse reportedly has been ordered to pay his ex-wife $40,000 in child support every month, as well as over $100,000 in two upcoming spousal support payments. He first met Drake-Lee while working as a schoolteacher in New York. The pair wed in September 2012 after more than five years together. In April 2017, the actor filed for divorce.

Williams and Drake-Lee were granted joint legal custody of their two children in August 2017 and joint physical custody in March 2018. The agreement according to sources, stated that Williams and Drake-Lee must alternate custody of the children for major holidays.

“When you start spinning, the children start spinning, so even if you’re looking at them and you’re telling them everything is fine, they know it’s not fine because they can feel it’s not fine.”

Jesse is now dating Hit The Floor actress Taylour Paige. They were first linked in January 2019 after spending time together at the Sundance Film Festival. He previously dated SportsNews New York anchor Taylor Rocks, and also dated Minka Kelly for several months before calling it off in January.

The People article is here.

 

Marriage Penalties

Posted by Ron Kauffman on

Although Florida doesn’t have a state income tax, many people moving here from other states and seeking divorce, frequently ask whether our state has marriage penalties built into the tax code. The Tax Foundation has the answer.

marriage penalty

What is a Marriage Penalty?

A marriage penalty is when a household’s overall tax bill increases due to a couple marrying and filing taxes jointly. A marriage penalty typically occurs when two individuals with similar incomes marry; this is true for both high- and low-income couples.

In other words, a marriage penalty arises any time a married couple pays higher income taxes than they would have paid if they were un-married and filed individual tax returns.

At the federal level, the Tax Cuts and Jobs Act of 2017 definitely lowered the cost of being married for many couples. But being married can be more expensive than being two single tax filers on April 15th.

For example, if a couple has children and both spouses earn income, they can owe thousands of dollars every year just for being married.

Some states have their own income tax. Under a graduated-rate income tax system, a taxpayer’s marginal income is exposed to progressively higher tax rates.

A marriage penalty might exist when a state’s income brackets for married taxpayers filing jointly are less than double the bracket widths that apply to single filers.

Put differently, married couples who file jointly under this scenario face a higher effective tax rate than they would if they filed as two single individuals with the same amount of combined income.

Florida Divorce and Tax

I’ve written about divorce and taxes before. For example, in 2012 the American Taxpayer Relief Act made permanent the Bush-era expanded standard deduction, and the expanded 15% bracket for joint filers.

But for high income earners, the 2012 law raised taxes on couples making more than $450,000, and individuals making more than $400,000.

As it turns out, some couples found out they could save over $25,000 a year if they divorced.

State Marriage Penalties

While Florida doesn’t have a state income tax, fifteen states have a marriage penalty built into their bracket structure. Seven additional states (Arkansas, Delaware, Iowa, Mississippi, Missouri, Montana, and West Virginia), as well as the District of Columbia, fail to double bracket widths, but offset the marriage penalty in their bracket structure by allowing married taxpayers to file separately on the same return to avoid losing credits and exemptions.

Ten states have a graduated-rate income tax but double their brackets to avoid a marriage penalty: Alabama, Arizona, Connecticut, Hawaii, Idaho, Kansas, Louisiana, Maine, Nebraska, and Oregon.

The ability to file separately on the same return is important in states that do not double bracket widths, as is the ability to do so even if the couple files jointly for federal purposes.

While married couples have the option of filing separately—though some states only allow this if they do so on their federal forms as well—this normally creates a disadvantage, because it either disallows or reduces the value of deductions and credits available to the family jointly, which is also a form of marriage penalty.

Filing separately on the same return eliminates this problem, though at the cost of slightly greater complexity than doubling tax brackets for joint filers so that there is no penalty for filing jointly.

The Tax Foundation article is here.

 

Dr. Dre, Divorce, and Dissipation

Posted by Ron Kauffman on

Rapper, Dr. Dre, and his wife Nicole Young’s divorce is in the news again as she is alleging dissipation in court documents, that Dre “secretly” transferred “valuable trademarks” they jointly owned — both the name “Dr. Dre” as well as his hit album The Chronic— after allegedly kicking her out of their home in April.

Dissipation

What’s the Difference?

Some couples divorce amicably, recognizing that a divorce is best concluded when they come to a quick and fair resolution as soon as possible so they can get on with their lives.

For other couples, divorcing is a lot more difficult. In high conflict cases, greed, anger, and spite are overwhelming, and the process can quickly spiral into all-out war fought over every dollar.

A common dirty trick in divorce is to “dissipate,” or waste, marital assets. When a person tries to dissipate assets, it means they are intentionally squandering marital property to prevent his wife from getting her fair share of it in the divorce settlement.

In the lawsuit, Young alleges that shortly after being “forced to leave their family home,” Dre, 55, registered a new holding company and then began transferring “highly valuable trademarks,” misrepresenting himself as the sole owner.

“Andre’s plan all along was to deny Nicole’s ownership rights,” the lawsuit alleges, claiming that the transfers were made before Dre threatened to file for divorce on June 27. Young went on to initiate proceedings two days later, on June 29.

Although Young claims she has “demanded return of the trademarks,” Dre has “failed and refused to do so. It is inequitable and unjust to retain ownership of the trademarks, and the value they hold, without paying Nicole or allowing her to maintain her equal ownership,” the lawsuit alleges.

Young is seeking damages in an amount to be determined at trial and wants the trademarks in question to be transferred to a trust.

Florida Divorce Fraud

I’ve written about various aspects of divorce and fraud before. In Florida, courts distribute the marital assets, such as bank accounts, between parties under the premise that the distribution should be equal, unless there is a justification for an unequal distribution.

Some of the factors to justify an unequal distribution of the property include things like the financial situation the parties, the length of the marriage, whether someone has interrupted their career or an educational opportunity, or how much one spouse contributed to the other’s career or education.

Another important factor is whether one of the parties intentionally dissipated, wasted, depleted, or destroyed any of the marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

Dissipation of marital assets, such as taking money from a joint bank account, and transferring money and assets into separate accounts. In both cases, the misconduct may serve as a basis for assigning the dissipated asset to the spending spouse when calculating equitable distribution.

Misconduct, for purposes of dissipation, does not mean mismanagement or simple squandering of marital assets in a way the other spouse disapproves. There has to be evidence of intentional dissipation or destruction.

Big Egos

Young, who filed for divorce in June after 24 years of marriage, is asking for nearly $2 million in monthly temporary spousal support and is also seeking $5 million in legal fees, according to court documents previously obtained by People.

Young has claimed that her husband’s “net worth is estimated to be in the ballpark of $1 billion” in the filing, adding that he earned much of that sum during their marriage.

The rapper previously filed a response, revealing that the couple had a prenuptial agreement — despite initial reports that said they did not have one. Young, however, has disputed the validity of that agreement, claiming that she was forced to sign it and that Dre ripped it up, rendering it invalid after they were married.

The People article is here.

 

Cardi B, Divorce, and Infidelity

Posted by Ron Kauffman on

Singer Cardi B has filed for divorce from rapper husband Offset because of his alleged infidelity. The divorce petition was filed in Georgia, and there is an initial hearing scheduled for November. Many have asked whether infidelity is grounds for a divorce.

Cardi B Divorce

No Longer Migos

Belcalis Marlenis Almánzar, known professionally as Cardi B, became an Internet celebrity and her debut album was number one on the Billboard 200, broke several streaming records, was certified triple platinum and named by Billboard the top female rap album of the 2010s.

Kiari Kendrell Cephus, known professionally as Offset, is a member of the hip hop and trap music trio, Migos. The couple married in 2017 in a secret ceremony.

Our relationship was so new breaking up and making up and we had a lot of growing up to do but we was so in love we didn’t want to lose each other, was one morning in September we woke up and decided to get married … No dress no make up and no ring.

Their daughter, Kulture, was born in July 2018 – Cardi B’s first child and Offset’s fourth. Cardi B is reportedly seeking primary custody, and child support from Offset.

Florida Divorce and Infidelity

I’ve written about the impact of infidelity and divorce before. In practical terms, adultery as a crime poses very little threat of prosecution, but it could have other consequences.

“Cheating on your spouse can even be grounds for losing your job. This is particularly true in the military, where adultery has a maximum punishment of a dishonorable discharge.”

Chapter 61 discusses the “the moral fitness of the parents” as one of the factors the court considers in determining the best interests of a child. Adultery may impact the division of property. Proof that one spouse intentionally wasted marital assets could be seen as dissipation of assets. Adultery of either spouse could be a factor in determining the amount of alimony, if any, to be awarded.

There are times when evidence of adultery comes into evidence. Most often it doesn’t. In 2003, the U.S. Supreme Court ruled in Lawrence v. Texas that sexual activity between consenting adults is legal.

Bad and Boujee

Their relationship has had high-profile ructions. Following rumors of Offset’s infidelity in 2017, Cardi B said:

“No, it’s not right … But what you want me to do? Start all over again and get cheated on again? This shit happens to everyone.”

The couple stayed together but briefly split in December 2018, with Cardi B saying: “Things just haven’t been working out between us for a long time … we just grew out of love.”

Offset publicly pleaded for a resolution, saying:

“I was partaking in activity that I shouldn’t have been partaking in, and I apologize. For breaking your heart, for breaking our promise, for breaking God’s promise and being a selfish, messed up husband.”

They reconciled in January 2019. But could he “walk it like I talk it?” Their divorce ends one of the highest-profile celebrity relationships in the US. Cardi B is among the world’s most successful and respected rappers – after breaking through in 2017 with US No 1 hit Bodak Yellow she has had three other No 1 singles, more than any other female rapper.

They collaborated with Cardi B on the 2017 single MotorSport. Offset has also released a successful solo album, Father of 4, featuring a hit track, Clout, with Cardi B. He has also guested on US Top 10 hits with Kodak Black and Tyga.

The Guardian article is here.

Photo by Frank Schwichtenberg – Own work.

Divorce Real Estate Problems: House Custody?

Posted by Ron Kauffman on

You can face many real estate problems in a divorce, but how about house custody? One unique case involves a couple which jointly owns a home, are both on the mortgage, and whose children left. She wants to be able to spend time living at their home alone. The husband disagrees and refuses to leave for any amount of time. Does she have the legal right to house custody half of the time?

House Custody

Brick and Mortar Issues

The New York Times article re-frames the issue as a case of a married couple, jointly owning a house, with equal rights to it. So, the article states both need to be in agreement about what to do with the property.

Neither of you can sell the house without the other’s consent, nor can you limit each other’s access to it. It’s as much his house as it is yours.

If they bought it together and maintained it together, it’s marital property and most likely it would be divided 50-50. Most likely, they would be both entitled to live there until the place is sold.

The article suggests that for the moment, set aside your immediate desire to share time at the house and, instead, figure out what you ultimately want for the house once your divorce is finalized.

Do you want to keep the house? If so, you may eventually need to buy out your husband when you divide your assets. Or do you want to move? In that case, your husband could either buy you out or you could sell the property and divide the assets.

Florida Divorce Real Estate Problems

I’ve written about real estate problems in divorce cases before. A big question frequently arises: should you move out of the house before the divorce is over?

Sometimes the arguing gets too intense, and the court must intervene. For one couple in Brooklyn, their arguing resulted in their being ordered to build a wall dividing their home so each could stay in the house peacefully.

This was not just a simple line on the floor as in the 1989 movie: War of the Roses, but an actual wall of plywood and sheetrock through the middle of their house (see picture above). Interestingly, the judge gave the wife the kitchen and the husband the dining room.

The marital home is a valuable asset, maybe your most valuable asset, but it is also a place for you to live in and it is an important, and possibly big part, of the final settlement. Consider the following:

Marital Asset

The home remains a marital asset, which is subject to equitable distribution, regardless of who lives there during the divorce process. If a home is marital then both parties have equal rights to buy–out the other’s share. Both may also be on the hook for liabilities.

Children’s Issues

Until a parenting plan in place, if you are interested in maintaining a meaningful relationship in your child’s life, leaving the home before a timesharing agreement is entered may show a lack of real interest in the child’s daily life. Moving out can create the appearance of a new ‘primary residential parent’ by default. Worse, if the process takes a long time, it creates a new status quo.

Cost

The person leaving may still have to contribute for the expenses of the home while also paying for a new home. It can be costly, and prohibitive expensive when you know that the process will take a long time.

Settlement

Staying in the same home could create an incentive to negotiate a final settlement because living with your soon to be ex-spouse is very uncomfortable. However, if someone moves out, the person remaining in the home is sitting pretty and may be less inclined to settle.

If you Leave

Before moving out, there should be some discussions about maintaining the home and who is paying for which expenses, an inventory should be made of the personal property, artwork, silverware etc., and the boundaries for when the ‘out-spouse’ can use and enjoy the home after vacation

The New York Times piece correctly suggests thinking about your long-term goals. Once you’ve done that, try to reach a temporary agreement for how to weather this transition period.

That may mean that you alternate time spent in the house, or it may mean that one of you moves out, or that you both continue to live there until you can sell the property and move on with your lives. Moving out will have financial ramifications for both of you and those need to be carefully considered.

The New York Times article is here.