Charlottesville Divorce Lawyer Rob Hagy

Rights of Long-term Unmarried Couples When They Break Up.

Rights of long-term unmarried couples when they break up. In 2018, Brynn Cameron, the longtime girlfriend of NBA star Blake Griffin, sued Griffin for “palimony” after he left her and their children for reality TV star Kendall Jenner. “Palimony” is money one partner pays to a cohabiting partner after a breakup so that the recipient partner can maintain the lifestyle he or she has become accustomed to. Griffin’s relationship with Jenner did not work out, but he wound up agreeing to pay Cameron $32,000 per month for palimony, child support and breach of an oral agreement he allegedly made to support her when she abandoned her career to be with him. Most people aren’t wealthy pro athletes who end up seeing their relationship woes in tabloid headlines. Still, the Griffin saga underscores that if you have a long term relationship with someone and live as though you’re married, you and your former partner may still have certain rights if the relationship doesn’t work out. Take, for example, the possibility of palimony. Unlike “alimony,” palimony is not a legal term and it’s not usually something awarded in family court. Instead, it’s a remedy that civil courts will award in about half the states if one member of an unmarried couple can show there was an agreement in place that the other member of the couple would provide support if the relationship didn’t last.

Factors that courts will consider in awarding palimony include whether or not the couple lived together, how long the relationship lasted, promises that can be proven, sacrifices made by one partner, such as putting the other partner through school or giving up a career to take care of children, or the ability of each partner to support themselves. Some states may be fairly lenient in recognizing the rights of unmarried partners.

Take, for example, a recent New Jersey case. An unmarried couple bought a home together in 2012. The home and mortgage were exclusively in one partner’s name, but the other partner kicked in much of the down payment and was the one who was most involved in the transaction. The couple never legally married. When they broke up, despite having no written cohabitation or palimony agreement, the court ordered “partition” of the home. In other words, it ordered that the home be sold and the proceeds divided and it did so as an “equitable” remedy out of fairness to the partner who may not have held title to the home but did a lot of work to secure it, maintain it and enhance its value.

A majority of states don’t recognize palimony at all. But they still will generally enforce a written cohabitation agreement drawn up between unmarried partners laying out exactly what each partner is entitled to in the event of a breakup. In addition to financial support, such an agreement can address who keeps the house, the car or even the pets and can allow partners to appoint one another to make important medical, legal or financial decisions on the other partner’s behalf should one of them lose the ability to make such decisions. Agreements like this are a good idea in any long term domestic partnership to provide both partners with a sense of stability and security. If you are considering such an agreement, it’s important to consult with a family law attorney to ensure it covers all issues worth considering and that it’s written in a way that a court will enforce. Ideally, each partner will have their own attorney when negotiating and drafting such an agreement. That way a court is more likely to be satisfied that it was negotiated fairly, with each partner enjoying comparable bargaining power and having their interests fairly represented.

 

 

When Arts, Entertainment, and Family Law Collide: Oppenheimer's Admissions of Indiscretion.

In the 2023 movie "Oppenheimer", renowned physicist and "father of the atomic bomb", Robert J. Oppenheimer, participated in an administrative hearing in 1954 before the Atomic Energy Commission in an effort to retain his security clearance.  During the course of the hearing and in the movie which portrays the events of the hearing (in a rather shocking way!), Oppenheimer admits that he "spent the night" with psychiatrist Jean Tatlock whom he met while he was teaching at the University of California, Berkeley, in the 1930s. Why was this an issue in a hearing about a security clearance? Because Ms. Tatlock was a member of the Communist Party! Why was this an issue for Oppenheimer's wife? Because Oppenheimer married Katherine ("Kitty") Puening in November of 1940 and Oppenheimer admits spending the night with Jean Tatlock in 1943! Well after Kitty and Oppenheimer married! Assuming Virginia law applied at the time, Kitty could not have filed suit for divorce on the basis of adultery because there is five-year statute of limitations for adultery actions! Oppenheimer's disclosure occurred in 1954, approximately 11 years after he stayed overnight with Ms. Tatlock. 

-Rob Hagy. If you have questions about adultery, please call us at (434) 293-4562 or visit us at www.charlottesvilledivorceattorney.com.

 

 

 

 

An Inheritance Is Coming. Should You Get A Prenup?

When many people hear the term “prenuptial agreement,” they think of celebrities and tycoons like Beyonce and Jay Z, Kim Kardashian and Kanye West and Mark Zuckerberg. After all, high-wealth individuals have more to lose if they get divorced. Still, there are plenty of reasons for “normal” people to consider entering into a prenuptial agreement (a contract you enter into with your spouse that details exactly what will happen in the event of a divorce) when they get married.

One reason might be an expected inheritance that you want to make sure remains in your family.

As a general principle, an inheritance that one spouse receives during a marriage should be safe. That is because in most states property that you bring into the marriage remains your “separate property” and can’t be divided during a divorce, as opposed to most other types of income and assets acquired during marriage, which would be considered “marital property.”

However, the devil is in the details. For example, if you put an inheritance into a joint bank account and use it for marital expenses, it may lose its protection as separate property. If you use it to improve your house, it could lose that protection as well. Even if you keep your inheritance completely separate from joint property, in some states it still may be applied toward child support, alimony and even your ex’s attorney fees.

However, a well-crafted prenuptial agreement can include language ensuring that a future inheritance cannot be divided or used toward legal fees or support in any circumstance, as long as your state’s laws permit this.

Admittedly, bringing up the idea of a prenuptial agreement can feel awkward to many people. Nobody headed to the altar wants to be thinking of divorce. But nothing in life is certain, and a little bit of foresight today can save you a lot of stress later on. Talk to a family attorney where you live to learn more.

Charlottesville Divorce Lawyer Rob Hagy-Divorce Did You Know #9-Who Is A Family Or Household Member Under Virginia's Domestic Violence Laws?

Last month, music superstar Jay Z, husband of equally famous music superstar Beyonce, was allegedly assaulted by Beyonce's sister, Solange Knowles, at the Standard Hotel in New York City following the Met Gala. As I've done before on this blog, I try to treat the domestic relations difficulties of celebrities as teaching and learning opportunities for myself, clients, future clients, and the public.  After reading an article about the incident, I was curious.  Could Solange Knowles have been charged with domestic violence if the alleged assault took place in Virginia.  And the answer was no.

First, it may be helpful to point out that domestic violence laws do not just apply to assaults between spouses or between parents and their children.  According to Virginia Code Section 18.2-57.2, "[a]ny person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.  

According to Virginia law, a family or household member is "(i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person."

Even though Jay Z is Solange Knowles' brother in law, they do not reside in the same home together.  Therefore, she could not have been charged with domestic violence in Virginia.  However, she still could have been charged with assault and battery in Virginia pursuant to Virginia Code Section 18.2-57 which covers assaults and batteries made between non-family or household members.  A violation of Virginia Code Section 18.2-57 is also a Class 1 misdemeanor in Virginia.

-Rob Hagy, Charlottesville Divorce Lawyer.  If you have been charged with domestic assault and battery, please contact my office for assistant at (434)293-4562 or email me at [email protected].  

Charlottesville Divorce Lawyer: Comments and Observations About the David Petraeus Affair, Part I.

As reported by nbcnews.com here and by the New York Post here, former CIA Director David Petraeus and General John Allen submitted letters on behalf of Natalie Khawam, the twin sister of Tampa socialite Jill Kelley, during a custody modification proceeding.  Jill Kelley recevied threatening emails from Petraeus biographer Paula Broadwell.  The investigation to identify the sender of the emails also uncovered the fact that Petraeus and Broadwell were having an affair.  The discovery of the affair eventually led to Petraeus’ resignation as CIA director.  Kelley also exchanged questionable emails with General Allen which led to an investigation of Allen.  Here are the actual letters submitted on behalf of Khawam.  Apparently the letters were attached to a motion filed on behalf of Khawam by her attorney.

First, I am surprised that Petraeus and Allen were willing to put their reputations on the line by writing these letters supporting Khawam. I wonder if either of them actually knew all of the facts surrounding the underlying case.  I also wonder if either of them understood that they may eventually have to had to actually testify in the proceeding.  In particular, Allen was running a considerable risk given the allegedly inappropriate emails he was later discovered to have been exchanging with Kelley.  It is at least theortically possible that a discovery request could have been made for the emails.  It is equally possible that the father's lawyer might have stumbled upon Allen's relationship with Kelley during cross examination.  It is appropriate to ask questions on cross examination concerning a witness's bias.  If Allen was involved with Kelley, then certainly he would be disposed to testify favorably on behalf of Kelley's sister.  It is important to note that the actual letters themselves would not be admissible in evidence in Virginia because they would be hearsay.  It doesn't matter that the letters were attached to a legal motion.  I'm even more surprised that Khawam would rely on the letters and possible testimony of Petraeus and Allen.  My first impression was that this was an extraordinary example of legal name dropping.  Given the history of her case (as listed in the articles linked to above), this kind of sensationalism seems to be a continuation of the problems which resulted in her loosing custody of her child in the first place.

-Rob Hagy, Charlottesville Divorce Lawyer.  For assistance, please call at (434)293-4562 or email at [email protected].

 

Comments and Observations About the General Petraeus Affair.

I am pleased to announce I will be producing a series of articles on the General Petraeus Affair.  Please check back tomorrow for the first article in this series.

-Rob Hagy, Charlottesville Divorce Lawyer.  If you have been accused of engaging in adultery, or if you believe your spouse is engaging in adultery, please call me for help at (434)293-4562.

Book "Fifty Shades of Grey" Causes Divorce?

A British newspaper reports the filing of a divorce by a wife alleging her husband engaged in "unreasonable behavior" by failing to respond to her romantic overtures prompted after she read the novel "Fifty Shades of Grey" by E.L. James.

-Rob Hagy, Charlottesville Divorce Lawyer

Randy Travis Proof That Nasty Divorces Don't End When Judge Signs The Divorce Decree.

ABCNews.com reports that country music star Randy Travis and his ex-wife manager Elizabeth are back in court arguing over her management of the singer.

Celebrity Robin Williams Will Speak About His Collaborative Divorce.

Actor and comedian Robin Williams has agreed to be interviewed by his lawyer who assisted him during his most recent divorce, one resolved using the collaborative divorce process.  The interview will be played for the first time at The California State Bar Family Law Consentual Dispute Resolution South Committee's program at Pepperdine Law School on April 21, 2012.

-Rob Hagy, Charlottesville Divorce Lawyer.

Just Days After McNair Death....another Athlete is a Possible Victim of Female On Male Domestic Violence.

Professional boxer, Arturo Gatti, died today and his wife has been charged in his murder.  Click here for more from CNNSI.com.

McNair Case Appears to Be Murder Suicide and...a Case of Female on Male Domestic Violence.

Here is the latest on Steve McNair's murder from CNNSI.com.  The fact that they are no longer looking for suspects leads me to believe that law enforcement officials will likely conclude this was a murder suicide and that McNair was killed by the young lady involved who then committed suicide.  Unfortunately, this case may deomonstrate that domestic violence is not necessarily always perpetrated by men on women. Women can also engage in domestic violence with sometimes tragic consequences.