January 08, 2005
It's bizarro-world. It's the theater of the absurd. It's Kafkaesque. IT'S DIVORCE COURT!!!
Donna Austin, 37 at the time, signed a prenuptial agreement waiving alimony before marrying Craig Austin back in 1989, in what was a second marriage for both parties. Nonetheless, a Massachusetts appeals court has decided that her alimony waiver is "unreasonable" and will not be enforced. A lawyer for Craig Austin says his client plans appeal and says Donna Austin benefited substantially from the division of property assets from the marriage. (David Weber, Boston Herald, Dec. 30). And the New Jersey Supreme Court has been asked to decide whether Craig Caplan, who retired in his 30s with a so-called silver parachute, should be obliged to return to the work force to pay increased child support, thus sparing his ex-wife Sandra the need to dip into her $2.4 million divorce settlement; for more on the "imputed-income" doctrine, see Sept. 18, 2003 (Michael Booth, "In Divorce Case, Early Retiree Gets Tangled in Silver Parachute", New Jersey Law Journal, Oct. 6).
The emphasis is mine in the quote. But the "logic" is right out of divorce law. Asking the ex-wife to abide by the pre-nup and be content with $2.4 million is "unreasonable," while demanding that the ex-husband go back to work to pay her MORE MONEY is justice.
Want to know what it feels like to be a fish in a barrel with lots of guns pointed at you? Go to divorce court.
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