Holla ‘prenup’ if you want, but it might not protect you from alimony
Anthony Anderson’s recent $240,000 annual alimony tab stirred questions. TheGrio has answers.
Some eyes widened and jaws dropped when news of Anthony Anderson’s nearly quarter-of-a-million-dollar alimony payments made headlines recently. It’s not the $100 million in spousal support that Dr. Dre paid. But lots of zeroes in celebrity divorces frequently stoke lots of questions — like, “Was there a prenuptial agreement?” “Why that specific amount?” And depending on how large it might be, the occasional, “Now, just what do you need all of that for?”
The answers are never the public’s business, but that doesn’t stop people from asking. So, theGrio spoke to attorney Ashley McKnight, whose practice areas include spousal support, divorce and family law.
First, alimony and spousal support are the same thing. They are payments the court will order one spouse to make to another after divorce or during a separation. The spouse could make one-time lump sum payments or installments. And second, in spite of Ye encouraging folks to “holla, We want prenup! We want prenup,”… if you ain’t no punk,” having a prenuptial agreement doesn’t offer the iron-clad protection some people might think it does.
Future earnings, individual state laws, health conditions, college education, earnings potential and other circumstances can all negate spousal support terms in a prenuptial agreement, McKnight explained.
It’s unknown if Anderson and his former wife, Alvina Stewart, had a prenup, but details of the divorce settlement are an example of how future earnings can affect spousal support. For now, Anderson will pay $20,000 a month in spousal support. Those payments could potentially increase if his gross income exceeds $2 million, theGrio previously reported.
McKnight, who practices in Mississippi, said each state approaches alimony differently, but there are general factors that affect the court’s decision including income and how much money each person has left after paying their bills.
For example, ““How big is the disparity between the [spouses’] income?… How much does the husband have coming in? And how much does he have going out? Same with the wife…and let’s say she has a little bit left over at the end of the month after paying her expenses, and the husband doesn’t. [So the court] will split what that difference is to a certain degree, but not necessarily 50/50.”
Courts will also consider earning potential. If one spouse has a high school education and the other has a postdoctoral degree, a judge could determine that one has more earning potential than the other, she said. And if one spouse is ill or has a disability that limits the ability to work, that’s a factor the court will consider in awarding alimony, McKnight explained.
Those are also some of the circumstances that might nullify a prenup, McKnight said.
“At the time a prenup is signed, the parties are in a certain standing, whether it’s a financial standing, whether it’s a standing dealing with their health or earning capacity,” she said. “At the time of divorce proceedings, things could change…“If the situation changes and those alimony factors, despite the fact that you waived your right to alimony, you could still at least try to present the argument that ‘… at the time I signed that we were in a certain standing, but look at these factors as it stands today.’”
With these answers in mind about alimony, here’s a recap of some pricey and contentious spousal support settlements:
Michael Strahan
Michael Strahan’s ex-wife received more than $15 million, which a New York judge determined was the amount established in the couple’s prenuptial agreement. That contract stated that during their marriage, his wife would receive 20% of his annual income, ESPN reported. Apparently the former NFL player and TV personality argued that his former wife, Jean Strahan, wasn’t entitled to the spousal support payment because she didn’t ask him to pay her each year. The judge rejected that argument, and Strahan was out of $15.3 million.
Janet Jackson
For almost a decade, Janet Jackson kept her marriage to Rene Elizondo, Jr., a secret. They married in 1991 and separated in 1999, his lawyers said. Elizondo, a singer, dancer and video director signed a prenup, but during the divorce Elizondo petitioned for $25 million in alimony, media outlets reported. He didn’t get all of that, according to press reports about their 2003 settlement, but those accounts say she forked over $10 million.
Mary J. Blige
As theGrio previously reported, Mary J. Blige had to hit the stage to pay her temporary $30,000 a month alimony to ex-husband, Kendu Isaacs. And she wrote a song about it, too. Blige’s “Rent Money” goes like this: ““Look now my rent money due / I spent everything f—‘ with you, oh / They say you win some, you win some you lose / All I got is rent money due / f—‘ with you.” The couple, who was married for 12 years, settled out of court, eventually. Neither discussed the final terms related to alimony or the final agreement, but Isaacs originally requested almost $130,000 per month in spousal support.
Terry McMillan
Chick-lit writer Terry McMillan produced three books about her relationship and divorce from Jonathan Plummer. “How Stella Got Her Groove Back,” recounts the whirlwind romance that ignited when McMillan was vacationing in Jamaica and asked the 20-year-old native if he would like to have sex with her. According to Oprah, “Waiting to Exhale” was her tome about her fiery breakup after Plummer told his wife that he is gay, and “Getting to Happy” chronicles the release of her self-described bitterness about her public, nasty divorce. Plummer fought the prenup he signed. Before the divorce became final, the author paid Plummer $2,000 a month in alimony and $25,000 for attorney’s fees, ABC reported. McMillan says in the end, she paid her ex $28,000 and an additional $27,000 for legal fees, but she was out of $373,000 paid in legal fees, according to the East Bay Times.
Dr. Dre
Andre Romelle Young, known as “Dr. Dre,” paid his wife $100 million after their 24-year marriage ended. Nicole Young received two payments of $50 million each in lieu of spousal support. The couple signed a prenuptial agreement, but Nicole Young said she signed it under duress, NBC reported. According to Rolling Stone, the $100 million represented 20% of Dr. Dre’s cash. The outlet reported that a source close to Dre said he was “delighted” with paying only $100 million to his ex. The couple lived in California, a community property state, and according to the magazine, Dre composed most of his music while married.
Ultimately, when it comes to divorce each state has its own laws that guarantee certain rights to spouses. So whether you’re contemplating divorce or simply want to be informed of your rights before getting married, McKnight suggests booking an appointment with a lawyer to talk through general concerns instead of relying on Google.
“Every state is different in how they determine alimony and spousal support. So, what I would say is you have to know the laws within your particular state. And the easiest way to do that is to just speak to an attorney. It could be a 30-minute consultation. Usually, lawyers will do free 30-minute consultations, and that’s all you need to get the information,” she shared. “Don’t necessarily go off of what your friend said, or what your cousin said. Every case is different; everybody’s situation is different. So what happens for one person is not going to happen for the other.”
Haniyah Philogene is a multimedia storyteller and Lifestyle reporter covering all things culture. With a passion for digital media, she goes above and beyond to find new ways to tell and share stories.
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