Even when neither spouse possesses a massive fortune, a prenuptial agreement can be a smart way to clarify financial terms should the marriage end in divorce. In cases where there is a vast wealth discrepancy among prospective spouses, the urgency to complete a prenup becomes stronger. Still, some people choose not to execute an agreement prior to being wed, possibly because they believe the process is unromantic or that they have protected their monetary interests in other ways.
The recent divorce filing by entertainment mogul David Geffen, aged 82, from his 32-year-old husband, David Armstrong, could lead to an extensive financial investigation before a resolution is reached. The couple, who wed in 2023, did not sign a prenuptial agreement. As Geffen has been retired more than a decade, his income primarily derives from stocks and equities, which are maintained in an account established before he married Armstrong and kept apart from the marital estate.
According to California law, any appreciation or increase in such separate property during the marriage typically remains separate, provided it is not commingled with marital assets. Furthermore, marriages lasting less than 10 years are generally considered “short-term” by the state, affecting both the amount and duration of alimony. Coming out of a marriage that lasted fewer than two years, Armstrong would likely be entitled to only one year of spousal support.
In his response to Geffen’s divorce filing, Armstrong referred to the fact that separate property assets and obligations are not currently known. This might indicate that Armstrong will be requesting the ability to learn more about Geffen’s substantial assets. Such a probe might provide insight into potential community property interests, but could face objections that any additional inquiry is irrelevant and unduly burdensome.
Looking back, David Geffen might now wish that he had negotiated a prenuptial agreement with Armstrong in order to avoid the possibility of complex and drawn-out litigation involving his ostensibly separate property.
At Bryan L. Salamone & Associates, P.C., we provide strategic advice tailored to the unique challenges of high-net-worth divorces involving both same-sex and heterosexual couples. Our experienced Long Island attorneys know how to secure successful results in disputes over property division, spousal maintenance and other issues. For a consultation regarding the best way to protect your interests, please call 631-388-6009 or contact us online.