As of the writing of this blog, more than 30 women have come forward and accused Harvey Weinstein of sexual assault and / or sexual harassment. Steps have been taken against Weinstein and he’s lost his job. Rumors also point toward his wife of more than a decade, Georgina Chapman, filing for divorce. How will the allegations against him affect his divorce? Read on to learn about it and then reach out to Kendall Gkikas & Mitchell at 909-482-1422 if you need to file divorce proceedings.
Absent a pre-nuptial agreement both spouses are entitled to half of their community property
There’s no question that Weinstein must have caused a lot of pain and embarrassment for his entire family. Chapman, as the mother of two of Weinstein’s children, is likely going to want to use the allegations against him to maximize what she gets in the divorce. Since they both live in California, that’s where they’re likely to file for divorce.
Since California is a community property state, both Chapman and Weinstein are entitled to half of their community property, no matter if one cheated on the other, if one engaged in vile behavior, both parties are entitled to half of the community property.
There’s likely a pre-nuptial agreement in place
Of course, there’s a good chance that the couple created a pre-nuptial agreement before they got married. Essentially, a pre-nuptial agreement trumps community property laws and allows both parties to agree to and sign a contract that details what will happen with community property in the event of a divorce.
A lot depends on whether the pre-nuptial agreement had a “bad boy” clause in it
We don’t know the specifics of their pre-nuptial agreement. The way it affects this case depends largely on whether or not they had what’s often known as a “bad boy” clause in their agreement. Essentially, it includes a provision that if one commits adultery or any other type of infidelity, then they can be punished in the divorce for it.
Not all provisions in pre-nuptial agreements are enforceable
Couples can put whatever they’d like into a pre-nuptial agreement. However, there are three factors that must be present for the pre-nuptial agreement to be considered valid and enforceable. First, both spouse must have had total access to all financial information for the other spouse before signing it. Second, both spouses must have had at least seven days to review the contract. Third, both spouse must have either been represented by their own attorney or waived this right.
As you can see, divorce is always complicated – even when pre-nuptial agreements are included. The good news is that you don’t have to figure this out on your own. If you and your spouse are considering divorce then it’s essential that you let an attorney help you. Reach out to Kendall Gkikas & Mitchell at 909-482-1422 today and let us set up an appointment. This process can be smooth and relatively quick or it can take months and months and involve a lot of hardship. Choosing the right attorney is a big part of which option you’ll find yourself in.
