A Court Win for Bethenny?

In light of the latest development in the whole Bethenny Frankel/Jason Hoppy saga, most of Bravo Nation has been grabbing their torches and their pitchforks, claiming Jason is a gold digger. So, I decided to channel my inner Meghan King Edmonds and do a little sleuthing to see what this "temporary spousal support" ordeal is REALLY about. I got a lucky break and found the judges' comments (both majority and dissenting) and in our bootleg podcast I talk about what I learned to my sister. For those of you who don't want to listen to our rambling, the main points are below.

*Ok let's be honest. We're totally team Jason. That being said, we love a good debate and we're always open to opinions, so feel free to shoot us a message in the comments if you disagree.

Part 2 (below)

Temporary Spousal Support vs. Spousal Support

So, most people think that Jason is getting spousal support so he can go on exclusive golfing trips at five-star resorts, or spend lots of cash on the next chick. That's not actually the case. You're probably thinking of spousal support. Spousal support awards the "less-monied spouse" after the divorce is finalized (usually to help that person get back on their feet if they weren't working). This case is about "Temporary Spousal Support" or "Pendente Lite Support," This is support that is paid to the less-monied spouse during litigation, so that the spouse with less money can afford the same quality of representation. So it's only money for Jason to pay his lawyers. Now, it's my understanding that had Jason and Bethenny not signed a prenup waiving "any and all spousal support now and in the future" it would be customary for Jason to receive this pendente lite support, simply because you don't want a lopsided case where one party has all the power just because they have more money. You have to remember, lawyers in New York City can cost thousands of dollars an hour, and these two people have two of the best lawyers in the country, so you know they are spending a pretty penny. Contrary to popular belief, Jason supposedly DOES have a six-figure income in pharma, but that's no match for a TV personality who makes millions (and quite possibly inherited millions before their marriage if I'm to read certain leaked documents correctly).

Why the 3 Majority Judges Sided with Bethenny

The three majority judges felt that the wording in the prenup, waiving "any and all spousal support now and in the future" was sufficient enough to free Bethenny of the obligation to contribute to Jason's lawyer's fees. In the judges' statements, they said that they're not endorsing the fact that Jason isn't receiving pendente lite support, but only denying it because he waived it in the prenup. In New York, any agreement between the spouses before, during, or after the marriage takes precedence over the law, regardless of how fair it is, as long as both parties were represented by a lawyer when the agreement was signed.

Why the Dissenting Judge Disagreed

The dissenting judge argued that traditionally waiving pendente lite support requires specific language that wasn't used in the prenup. He argued that since they waived "spousal support" but not "temporary spousal support" or "pendente lite support," that Jason should receive the funds. The other three judges disagreed.

Moral of the Story

Whether you're the primary earner, secondary earner, or primary caregiver, make sure that when you sign a prenup that the wording is very specific. As it stands now, Bethenny has way more money than Jason, so it'll be interesting to see if he's forced to bend to her will. Something tells me he's smarter than she gives him credit for, so he'll figure something out. But getting pendente lite support doesn't make Jason a golddigger, and he's definitely not lazy because I don't know anyone who makes a six-figure income who is. Yes, Bethenny makes millions of dollars, but you have to remember there are surgeons who don't make the kind of money she makes. Are they lazy? Floyd Mayweather makes more money than any president. Is it because he works harder?

The Apartment

Before I go, I want to mention the litigation about the apartment, since the judges ruled that it's still up for grabs. Bethenny is arguing that the apartment is 100% hers, and that Jason did not contribute a dime, while Jason is arguing that they purchased the apartment as a couple, and he contributed financially, believing it was a joint investment. As far as I'm aware, if it turns out that Jason put one red cent into that apartment, he is owed at least the proportion he contributed plus appreciation according to New York law. So once again, people are hearing this one-sided story and accusing him of being a golddigger, when I don't think anybody would be OK with putting money into New York City property and not being able to recoup your investment.

As far as Bethany's claim that there was fraud involved in the trust for their house, you have to remember that so far that's only a claim that she has made, and it hasn't been supported by their judge or by the appellate court judges. The only thing that's been determined by both the rulings is that the trust is invalid, which means technically nobody owns the apartment. Chances are it wasn't illegal so much as sloppily done because they were married at the time and weren't thinking ahead. Jason would have no reason to trick Bethenny into getting the house, because Bethenny has admitted SHE is the one who ended the marriage. If it were up to him, they wouldn't have gotten divorced, so what would be the point of tricking a woman he expected to stay married to?

My Two Cents

I find it suspicious that Bethenny is worth untold millions, and can afford three residences at the same time, but is unwilling to buy her child's father out of one half of one of the three residences, if only to keep the peace. Call me crazy, but that sounds stingy. It's also worth noting that, that in New York divorced parents with a normal income pay roughly 17% of their income to child-support alone. $26k/month--while it might sound like a ridiculously large amount to most of us--is not even 10% of Bethenny's annual income, if she makes the reported $5M/year she's rumored to make. So no matter how you look at it, Jason is in no way threatening her financial security. It's just that magazine headlines are going to try to sound as dramatic as possible, and they know that to the average American, big numbers like $26k and $12k are insane amounts of money. They're also likely to lean towards Bethenny's side of the story, because she talks to the media, while Jason has been silent, and they want to butter up the person who is cooperating with them.

Source:

I got my info on the case from an article in the New York Law Journal, and on a lucky click on the case "Anonymous v Anonymous/300009", I was actually able to get further in to see the judges' statements. The New York Law Journal is a subscription site, so I haven't been able to get back into the judges' comments but if I ever do, I'll put up screenshots.