Golden Bachelor – Divorce

Golden Bachelor – Divorce

Golden Bachelor – Divorce

Gerry Turner was the first “Golden Bachelor”, which was a spin-off from the ABC television shows The Bachelor and The Bachelorette (People, 2023). The Golden Bachelor focused on finding love for contestants who are in their golden years. Golden years are generally defined as the years of retirement, normally after age 65.

Gerry, age 72, was lucky to find love with Theresa Nist, age 70. Both parties were previously married to their high school sweethearts and had children from those prior relationships. Sadly, both of their spouses passed away after more than 40 years of marriage (ABC News, 2024).

Gerry is retired. While Theresa is employed as a senior compliance and operations liaison for a wealth management company (People, 2024).

On November 30, 2023, Gerry proposed to Theresa on the season finale of The Golden Bachelor in Costa Rica. The couple entered into a premarital agreement. On January 4, 2024, they were married in California in a televised wedding in which their children and grandchildren were in attendance (ABC News, 2024). When the parties were married, Gerry was living at a lake house in Indiana and Theresa was living in New Jersey. The parties were talking about moving to South Carolina together (People, 2024).

After three short months on April 12, 2024, the couple announced their divorce on Good Morning America. Gerry filed for divorce in Indiana where he resides (ET Online, 2024).

This article will discuss what a person can do to protect themselves prior to marriage, and what issues may come into play in Gerry’s and Theresa’s divorce, a gray divorce, from a California family law perspective.

For divorce-related legal assistance, don’t hesitate to contact us.

What is a “Gray Divorce”?

Gray divorce may be a term you have heard before. A gray divorce is a term used to refer to older couples who are getting a divorce, generally when the parties get divorced after age 50. This is not a legal term referred to in family courts, but is a term frequently used to describe this scenario.

There are different scenarios in gray divorces, such as couples who were married young, had children together and grew apart, or those who were married later in life and they want a divorce. The divorce between Gerry and Teresa would be considered a gray divorce.

What can People Do to Protect Themselves When Entering into a Marriage in Their Golden Years?

Generally, when people enter into marriage in their golden years, they have established assets and debts in their names. Sometimes they are coming into the marriage with significant pre-marital assets such as a business, a house, and/or a vehicle and sometimes they are coming into the marriage with significant debt. They are also sometimes well established in their careers or retired from their careers.

Sometimes, in these circumstances, it may be best to enter into a premarital agreement. A premarital agreement is an agreement between prospective spouses made in contemplation of their marriage to be effective upon their marriage.

In California, a premarital agreement must be in writing and signed by both of the parties. A premarital agreement is an enforceable contract so long as all of the requirements are met and does not require consideration.

Generally, parties enter into a premarital agreement to establish the division of their assets and debts, to establish the terms regarding spousal support, and to determine other issues that may be subject to their dissolution of marriage.

Can a premarital agreement be changed or revoked after marriage?

Yes, a premarital agreement can be changed or revoked after marriage, but only by a written agreement signed between the parties. This subsequent agreement to change or to revoke a premarital agreement is also enforceable without consideration, so long as it was entered into voluntarily, freely, without duress, fraud or some other extenuating circumstances, and is valid.

Here, Gerry and Theresa each had separate assets coming into their marriage and entered into a premarital agreement. Their premarital agreement so long as it is deemed valid and enforceable will likely control the division of assets and debts as well as spousal support.

If you are getting married, schedule a consultation with the attorneys at Happ Law Group P.C. to discuss your options to protect yourself prior to entering into a marriage.

What Issues are Likely to be Addressed in Gerry’s and Theresa’s Divorce?

The issues likely to be addressed in Gerry’s and Theresa’s divorce may be the validity and enforceability of the premarital agreement, spousal support, the division of assets and debts, attorney’s fees and costs, and credits or reimbursements. Gerry and Theresa did not have children together so the Court will not address any child custody or child visitation issues.

Let’s look at how the issues in Gerry’s and Theresa’s divorce may be addressed in California.

Validity and Enforceability of Premarital Agreements

In California, the issue of the validity and enforceability of a premarital agreement may be the subject of litigation between parties. In California, a premarital agreement is not enforceable if the party against whom enforcement is sought proves that they did not execute the premarital agreement voluntarily, which is defined by statute and case law. (Family Code §1615). In California, a premarital agreement is also not enforceable if the party against whom enforcement is sought proves the premarital agreement was unconscionable when it was executed and, before the execution of that agreement, additional factors also apply. (Family Code §1615). There are other requirements for provisions in premarital agreements to be enforceable, such as the requirements which must be followed if the parties are waiving or limiting future spousal support.

In The Golden Bachelor divorce, if either Gerry or Theresa contests the validity or enforceability of their premarital agreement, the Court will need to decide whether their premarital agreement is valid and enforceable.

If you are getting a divorce and have a premarital agreement, schedule an appointment with the attorneys at Happ Law Group P.C. to discuss your divorce and the validity of your premarital agreement.

Spousal Support

In Gerry’s divorce from Theresa, despite it being such a short-term marriage of three months, spousal support may be an issue.

Spousal support, sometimes referred to as alimony in other states, is a court-ordered payment from one spouse to the other, either during the pendency of the divorce proceedings (temporary) or after the divorce is finalized (permanent). A spousal support award is not mandatory in dissolution of marriage proceedings and the courts have broad discretion when determining whether or not to issue spousal support.

Each type serves a different purpose. Temporary spousal support serves the purpose of supporting a spouse during the divorce process, so they are able to live at their marital status quo. Whereas, permanent spousal support is to provide financial assistance after their dissolution of marriage based on the marital standard of living.

Understanding the types of spousal support and the considerations that courts look at when making spousal support orders is crucial for anyone going through a divorce.

As experienced spousal support attorneys, we can guide you through these considerations, ensuring your rights and needs are adequately represented.

How Does the Length of Marriage Impact Spousal Support in California?

For permanent spousal support orders, the courts take into consideration the length of the marriage.

In California, a short-term marriage is considered a marriage of under 10 years. While a long-term marriage is considered a marriage over 10 years.

Generally, in a short-term marriage, spousal support is awarded for one-half the length of the marriage. In long-term marriages, in the initial permanent spousal support order, absent a written agreement to the contrary, the court retains jurisdiction indefinitely to award spousal support. However, this does not prevent the court’s discretion in later proceedings to terminate spousal support upon a showing of changed circumstances.

Gerry’s and Theresa’s three month marriage would be considered a short-term marriage in California for purposes of permanent spousal support.

Division of Assets and Debts

California is a community property state. In community property states, assets and debts accumulated during marriage are divided equally, further stressing the importance of financial planning and legal agreements, such as prenuptial agreements, to protect individual interests.

Community property refers to assets and debts acquired by either spouse during marriage that are not acquired by one spouse by gift, inheritance, and some other limited exceptions.

Separate property, however, refers to what a spouse owned before marriage or received by gift, inheritance or other limited circumstances during the marriage.

This differentiation is crucial in states like California for ensuring a fair division of assets in divorce or separation scenarios.

Attorney’s Fees and Costs

In California, a party going through a divorce may request the other party make a contribution to their attorney’s fees and costs. Generally, the Court’s will look at one spouse’s ability to pay, the other spouse’s need for a contribution to their attorney’s fees and costs, and the reasonableness of the attorney’s fees and costs incurred.

In The Golden Bachelor divorce, it is possible that many of these issues are addressed in their premarital agreement and the terms of their premarital agreement would likely be controlled.

FAQs

What is a premarital agreement?
A premarital agreement is an agreement between prospective spouses made in contemplation of their marriage to be effective upon their marriage. Generally, parties enter into a premarital agreement to establish the division of their assets and debts, to waive or establish the terms regarding spousal support, and to determine other issues that may be subject to their dissolution of marriage.

Can a premarital agreement be changed or revoked after marriage?
Yes, a premarital agreement can be changed or revoked after marriage, but only by a written agreement signed between the parties.

What is spousal support in California?
Spousal support, sometimes referred to as alimony in other states, is a court-ordered payment from one spouse to the other. There are two types of spousal support, temporary spousal support and permanent spousal support. Each type serves a different purpose, such as supporting a spouse during the divorce process so they are able to live at their marital status quo (temporary) or to provide financial assistance after their dissolution of marriage based on the marital standard of living (permanent).

How does the length of marriage affect permanent spousal support in California?
Generally, in a short-term marriage, spousal support is awarded for one-half the length of the marriage. In long-term marriages, in the initial permanent spousal support order, absent a written agreement to the contrary, the court retains jurisdiction indefinitely to award spousal support.

DISCLAIMER: This information is made available by Happ Law Group P.C. for educational purposes only as well as to provide general information and a general understanding of California law, not to provide specific legal advice. If you are in need of advice about your specific situation, you should consult with a California family law attorney.