Daily Archives: November 5, 2011

Keep the Prenup Handy: Kim Kardashian Goes From Altar to Divorce Court in Only Seventy-Two Days

On Monday, it was reported that reality TV star Kim Kardashian filed for divorce in a California court from her NBA-playing husband Kris Humphries of only seventy-two days.

Kim Kardashian at the Seventh Annual Hollywood...Image via Wikipedia

It was estimated that over 4 million fans watched the couple marry in a ceremony that is estimated to have cost approximately $10 million.  Kardashian issued a statement explaining that she reached the decision to end the marriage after careful thought and consideration.  Humphries also spoke to reporters, saying that he was devastated to learn of the development and planned to try and save the marriage.

It is unlikely that divorce will make a significant impact on Kardashian’s assets, as the couple signed a prenuptial agreement before they wed.  Prenuptial agreements in California are governed by California’s Uniform Premarital Agreement Act.  They are especially common in states like California that follow the community property system of asset division.  Without a prenup, almost all assets acquired by either party during a marriage are considered to be community property that is divided evenly upon divorce.
Additionally, since it is likely that both parties appear to be fully able to support themselves, there will be no need for spousal support. When it comes to spousal support, also known as alimony, the amount of the award is usually determined by the judge using state guidelines that factor in the incomes of each party. Generally, one spouse’s need is measured against the other spouse’s ability to pay.  When considering spousal support, also known as alimony, judges look at factors such as the length of the marriage, the presence of minor children, the earning capacity of both parties and the age of health of both parties.
Legal updates brought to you by Orange County attorney Don Ho, LLP.
All factual information provided by USA Today
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