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Holla ‘prenup’ if you want, but it might not protect you from alimony

September 30, 2023
in Lifestyle
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Some eyes widened and jaws dropped when information of Anthony Anderson’s practically quarter-of-a-million-dollar alimony funds made headlines lately. It’s not the $100 million in spousal assist that Dr. Dre paid. However a number of zeroes in celeb divorces incessantly stoke a number of questions — like, “Was there a prenuptial settlement?” “Why that certain quantity?” And relying on how massive it is likely to be, the occasional, “Now, simply what do you want all of that for?”

The solutions are by no means the general public’s enterprise, however that doesn’t cease folks from asking. So, theGrio spoke to legal professional Ashley McKnight, whose follow areas embrace spousal assist, divorce and household regulation.

First, alimony and spousal assist are the identical factor. They’re funds the courtroom will order one partner to make to a different after divorce or throughout a separation. The partner may make one-time lump sum funds or installments. And second, regardless of Ye encouraging people to “holla, We wish prenup! We wish prenup,”… when you ain’t no punk,” having a prenuptial settlement doesn’t provide the iron-clad safety some folks may suppose it does.

Lead actor in a comedy collection nominee Anthony Anderson arrives together with his spouse for the seventieth Emmy Awards on the Microsoft Theatre in Los Angeles on Sept. 17, 2018. (Photograph by Valerie Macon/AFP by way of Getty Pictures)

Future earnings, particular person state legal guidelines, well being situations, faculty schooling, earnings potential and different circumstances can all negate spousal assist phrases in a prenuptial settlement, McKnight defined.

It’s unknown if Anderson and his former spouse, Alvina Stewart, had a prenup, however particulars of the divorce settlement are an instance of how future earnings can have an effect on spousal assist. For now, Anderson pays $20,000 a month in spousal assist. These funds may probably enhance if his gross revenue exceeds $2 million, theGrio beforehand reported.

McKnight, who practices in Mississippi, mentioned every state approaches alimony in a different way, however there are normal components that have an effect on the courtroom’s resolution together with revenue and the way a lot cash every particular person has left after paying their payments.

For instance, ““How massive is the disparity between the [spouses’] revenue?… How a lot does the husband have coming in? And the way a lot does he have going out? Identical with the spouse…and let’s say she has somewhat bit left over on the finish of the month after paying her bills, and the husband doesn’t. [So the court] will cut up what that distinction is to a sure diploma, however not essentially 50/50.”

Anthony Anderson to pay $20,000 in alimony to ex-wife in light of recent divorce settlement

Courts will even take into account incomes potential. If one partner has a highschool schooling and the opposite has a postdoctoral diploma, a choose may decide that one has extra incomes potential than the opposite, she mentioned. And if one partner is unwell or has a incapacity that limits the flexibility to work, that’s an element the courtroom will take into account in awarding alimony, McKnight defined. 

These are additionally among the circumstances which may nullify a prenup, McKnight mentioned.

“On the time a prenup is signed, the events are in a sure standing, whether or not it’s a monetary standing, whether or not it’s a standing coping with their well being or incomes capability,” she mentioned. “On the time of divorce proceedings, issues may change…“If the state of affairs adjustments and people alimony components, even though you waived your proper to alimony, you would nonetheless no less than attempt to current the argument that ‘… on the time I signed that we have been in a sure standing, however take a look at these components because it stands immediately.’”

With these solutions in thoughts about alimony, right here’s a recap of some expensive and contentious spousal assist settlements:

Michael Strahan

Michael Strahan’s ex-wife obtained greater than $15 million, which a New York choose decided was the quantity established within the couple’s prenuptial settlement. That contract acknowledged that in their marriage, his spouse would obtain 20% of his annual revenue, ESPN reported. Apparently the previous NFL participant and TV character argued that his former spouse, Jean Strahan, wasn’t entitled to the spousal assist fee as a result of she didn’t ask him to pay her annually. The choose rejected that argument, and Strahan was out of $15.3 million.

Michael Strahan, theGrio.com, alimony, prenuptial agreements
Michael Strahan seems on stage as Daymond John interviews him in the course of the 2021 Black Entrepreneurs Day at The Apollo Theater on Oct. 6, 2021, in New York Metropolis. (Photograph by Roy Rochlin/Getty Pictures)

Janet Jackson

For nearly a decade, Janet Jackson saved her marriage to Rene Elizondo, Jr., a secret. They married in 1991 and separated in 1999, his legal professionals mentioned. Elizondo, a singer, dancer and video director signed a prenup, however in the course of the divorce Elizondo petitioned for $25 million in alimony, media retailers reported. He didn’t get all of that, in accordance with press reviews about their 2003 settlement, however these accounts say she forked over $10 million.

Mary J. Blige

As theGrio beforehand reported, Mary J. Blige needed to hit the stage to pay her momentary $30,000 a month alimony to ex-husband, Kendu Isaacs. And she or he wrote a music about it, too. Blige’s “Lease Cash” goes like this: ““Look now my lease cash due / I spent all the things f—‘ with you, oh / They are saying you win some, you win some you lose / All I obtained is lease cash due / f—‘ with you.”  The couple, who was married for 12 years, settled out of courtroom, finally. Neither mentioned the ultimate phrases associated to alimony or the ultimate settlement, however Isaacs initially requested nearly $130,000 per thirty days in spousal assist.

Terry McMillan

Chick-lit author Terry McMillan produced three books about her relationship and divorce from Jonathan Plummer. “How Stella Received Her Groove Again,” recounts the whirlwind romance that ignited when McMillan was vacationing in Jamaica and requested the 20-year-old native if he want to have intercourse along with her. In keeping with Oprah, “Ready to Exhale” was her tome about her fiery breakup after Plummer instructed his spouse that he’s homosexual, and “Attending to Completely satisfied” chronicles the discharge of her self-described bitterness about her public, nasty divorce. Plummer fought the prenup he signed. Earlier than the divorce grew to become last, the creator paid Plummer $2,000 a month in alimony and $25,000 for legal professional’s charges, ABC reported. McMillan says in the long run, she paid her ex $28,000 and an extra $27,000 for authorized charges, however she was out of $373,000 paid in authorized charges, in accordance with the East Bay Instances.

Mary J. Blige says she went on tour to pay alimony to ex Kendu Isaacs

Dr. Dre

Andre Romelle Younger, referred to as “Dr. Dre,” paid his spouse $100 million after their 24-year marriage ended. Nicole Younger obtained two funds of $50 million every in lieu of spousal assist. The couple signed a prenuptial settlement, however Nicole Younger mentioned she signed it below duress, NBC reported. In keeping with Rolling Stone, the $100 million represented 20% of Dr. Dre’s money. The outlet reported {that a} supply near Dre mentioned he was “delighted” with paying solely $100 million to his ex. The couple lived in California, a group property state, and in accordance with the journal, Dre composed most of his music whereas married.

Finally, with regards to divorce every state has its personal legal guidelines that assure sure rights to spouses. So whether or not you’re considering divorce or just wish to learn of your rights earlier than getting married, McKnight suggests reserving an appointment with a lawyer to speak by normal issues as a substitute of counting on Google. 

“Each state is completely different in how they decide alimony and spousal assist. So, what I’d say is you need to know the legal guidelines inside your explicit state. And the simplest manner to try this is to simply communicate to an legal professional. It might be a 30-minute session. Often, legal professionals will do free 30-minute consultations, and that’s all you’ll want to get the data,” she shared. “Don’t essentially go off of what your buddy mentioned, or what your cousin mentioned. Each case is completely different; everyone’s state of affairs is completely different. So what occurs for one particular person shouldn’t be going to occur for the opposite.” 

Haniyah Philogene

Haniyah Philogene is a multimedia storyteller and Way of life reporter protecting all issues tradition. With a ardour for digital media, she goes above and past to search out new methods to inform and share tales.

TheGrio is FREE in your TV by way of Apple TV, Amazon Hearth, Roku, and Android TV. TheGrio’s Black Podcast Community is free too. Obtain theGrio cell apps immediately! Take heed to ‘Writing Black‘ with Maiysha Kai.



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