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The Legal Impacts of Governor McGreevy's Divorce

Over the past months, much has been written about the tabloid divorce of former New Jersey governor James McGreevy and Dana Matos McGreevy. While the salacious details made headlines, the legal lessons embedded in the court's 44 page Opinion issued on August 8, 2008 are worth noting for persons contemplating or going through a divorce.

Lesson One: Fault Doesn't Matter
The inverse relationship between marital fault and results obtained was dramatically demonstrated as Judge Cassidy found that Ms. Matos McGreevy had advanced unreasonable and ultimately unsupportable arguments based on her husband's extramarital same sex affair. At one point, the Judge referred to Ms. Matos McGreevy's "irresistible urge for retribution" having  "no residual economic consequences". Harsher words from a family court judge are few and far between.
 

Lesson Two: Time is Money
It is enlightening how Judge Cassidy dealt with Ms. Matos McGreevy's alimony claim.  Despite concluding that Mr. McGreevy had an imputed earning capacity of $175,000 per year (an amount far greater than he alleged and a good deal less than Ms.Matos Greevy's expert witness opined), no alimony was awarded. Why? Basically because the court considered it short term marriage (4 ½ years).

          

Lesson Three :  Gamble With Your Own  Money
Ms. Matos McGreevy incurred over $500,000 in legal fees, some of which were to advance two unsuccessful arguments.  First, she hoped the court would agree that she was entitled to maintain a lifestyle in the manner to which she'd become accustomed as first lady of New Jersey. Second, she tried to prove that Mr. McGreevy possessed "celebrity goodwill" which could be quantified; that is, converted into money of which would receive a portion. Both claims were rejected by the court.

Why? Judge Cassidy sensibly found that a public servant's lifestyle only exists during the period of public service and is not transferrable to private life. She also correctly determined that Mr. McGreevy had no "celebrity goodwill" since he had no historical earnings attributable to celebrity status, as did, for example, the comedian Joe Piscopo, whose divorce case set the precedent for such relief in New Jersey.  

Since you (and I) are probably not in high public office and don't have celebrity goodwill to worry about, what's the point? Simply that strained legal claims come at a price. Ms. Matos  McGreevy was aware of her chances for success and took them at considerable financial cost. Essentially, she gambled and lost, as Judge Cassidy awarded no legal fees to either party.

Know your rights and responsibilities with regard to divorce. Discuss them with your lawyer. No less, know your exposure in terms of risk, reward and cost. Ask your lawyer. If she or adequately explains them, trust their professional opinion and make your decisions accordingly.  If he or she can't tell you, ask yourself why not, get another opinion and perhaps another lawyer depending on the stakes involved.

Full post as published by New Jersey Law Blog on August 22, 2008 (boomark / email).