Divorce, infidelity and the music group Coldplay coalesced this past week in and online ‘kiss cam’ that went viral. No one wants to be the “star of the internet” for a day the way Andy Byron became last week. But, the kiss cam seen around the world, and the legal aspects of infidelity and divorce, made big news in spectacular fashion.
Trouble
Andy Byron is now the former chief executive of a New York-based tech company called Astronomer. Astronomer, of course, is the company behind Astro. Astro is the unified DataOps platform powered by Apache Airflow – an open-source workflow management platform for data engineering pipelines.
Byron’s wife, Megan Kerrigan, serves as Associate Director of Lower School. The couple has been married for several years and have children together. But last Wednesday, Byron was seen with Kristin Cabot, Astronomer’s “chief people officer”, on the “kiss cam” screen at Gillette Stadium in Foxborough, Massachusetts, during a Coldplay concert.
After realizing they had been caught on video at the stadium, Byron and Cabot reflexively ducked out of view from the camera to avoid being caught.
It didn’t work.
After the show, a 28-year-old Coldplay fan posted a video of Byron and his alleged mistress, Kristin Cabot, online. The video has now surpassed 122 million views. Astronomer’s website has announced that Byron has resigned from his role as CEO, and co-founder Pete DeJoy has taken over the helm.
Astronomer issued the following statement.
“Astronomer is committed to the values and culture that have guided us since our founding. Our leaders are expected to set the standard in both conduct and accountability, and recently, that standard was not met.”
Worse, reports suggest Byron’s wife Kerrigan has been “scrubbing” her social media presence by deleting Instagram and Facebook pages. Some observers claim she changed her Facebook page to remove her last name, but it’s not clear when that was changed.
Florida Divorce and Infidelity
I’ve written about the intersection of divorce and cheating before – albeit without references to Coldplay’s songs. Adultery can be the cause of a divorce, but can it impact the outcome of your care? There is still a statutory basis in Florida 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 alternative rock band concerts, jewelry, foreign trips, 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 (and even unlikely) for a custody case to be decided on those grounds.
Viva la Vida
Astronomer has acknowledged that “awareness of our company may have changed overnight,” but that its mission would continue to be focused on addressing data and artificial intelligence problems. Byron’s LinkedIn account is no longer public and he was removed from the company’s leadership page at Astronomer following the announcement. The site now lists co-founder Pete DeJoy as CEO.
The Byrons are rumored to reside in a small town near Foxborough, the site of the now-infamous Coldplay concert. If so, they would be governed under Massachusetts law. Although Massachusetts is a no-fault state, adultery is one of the potential fault grounds that a spouse can cite when filing for divorce in Massachusetts. This is known as a fault-based divorce as opposed to a no-fault divorce. Choosing whether to cite adultery as grounds for your Massachusetts divorce is a major decision to discuss with counsel.
The CNN article is here.