Hollywood Legal
I’m a little embarrassed to admit this, but, yes, I was an avid Frasier devotee. There was just something about an uptight psychiatrist in his forties living with his father in a Seattle penthouse that really appealed to my thirteen year-old sense of humor . . . Well, maybe it was more like my parents controlled the remote, and I would watch anything so as to avoid going to bed. With thinning hair and a bit of a paunch, Kelsey Grammer was not really my type (we’ve previously established that my type is Taylor Lautner) but he seemed likable enough. Amazingly though, “likable enough” means that, at fifty-five, he has scored himself a petite, blonde girlfriend—a sweet thing still in her twenties. Chalk it up to money and fame. And a stylin’ collection of beige blazers.
Just one problem with his new romance—Mr. Grammer is still technically married to his wife, Camille. Predictably, things have gone the way that these things do in Hollywood. Kelsey petitions the court for a divorce. Camille lobs allegations of cross-dressing and joins the cast of The Real Housewives of Beverly Hills.
The Grammers are not alone in their domestic woes. 2010 was another banner year for divorce in Tinseltown. Christina Aguilera and Jordan Bratman, Melissa Ethridge and Tammy Lynn Michaels, Eva Longoria and Tony Parker, and, big surprise, Charlie Sheen and Brooke Mueller. This presents a great segue for a discussion of divorce, specifically divorce in the community property-loving state of California.
Just a quick property recap, for all of us 3Ls for whom Blackacre is just a hazy memory: States vary in the way that they divide marital property in the event of a divorce. Most states follow a common law approach in which property is divided based on principals of equity or fairness. Generally, property acquired by one spouse belongs solely to that person unless the property is specifically put in the names of both. This is in sharp contrast to a community property regime in which most property acquired during the marriage is considered jointly owned by both spouses and divided equally between them when the love is lost. Only nine states have adopted this method. Unfortunately for rich celebs with stay-at-home spouses who have been scorned, California is one of them.
I know what you’re thinking —how much money could Kelsey Grammer possibly be pulling in these days? After all, Frasier was cancelled in 2004. Syndication, folks, syndication. Also, though he didn’t marry Camille until after the show began, they were together during his most profitable years when he was making $1.6 million per episode. Including real estate, the Grammers’ net worth is estimated at about $100 million.
Under California law, a divorce can become final six months after the petition is filed. Apparently, Kelsey didn’t want to wait that long though so he requested that the proceedings be bifurcated (in non-lawyer speak—he asked for a quickie divorce). Bifurcation allows for the termination of the relationship to precede the resolution of other matters, like financial arrangements. Unsurprisingly, Camille isn’t going to let him just run off and marry his new girlfriend without a fight. She responded by filing a declaration requesting that the court deny her husband’s request. In the document, she asserts that “terminating our marital status may result in incalculable problems, given the substantial size of our community estate…”.
What lessons should we take from Kelsey and Camille? First and foremost, if you’re planning to trade in your spouse for a younger and perkier model, be prepared to pay for the upgrade. Second, make sure to get married in a state with a sympathetic property regime. Or you could take a simple lesson from Charlie Sheen —get married wherever you want, just make sure to get a pre-nup.







