Bethenny Frankel pleased $12K/mo spousal support dropped

[summer]

For awhile this was one of the only English-language shows I had access to, so the disintegration of this relationship has fascinated me.


PEOPLE

The amount of money Bethenny Frankel is paying her soon-to-be ex-husband Jason Hoppy has dropped by roughly $12,000 a month after a court win Tuesday, PEOPLE has confirmed. The court also ruled that a trust agreement granting joint ownership of their Tribeca apartment was invalid. 

"Bethenny is particularly pleased that the trust agreement, which was used in an attempt to obtain joint ownership of an apartment that she purchased, was rendered void and invalid due to fraudulent behavior in connection with the execution of the agreement," her attorney Allan Mayefsky tells PEOPLE in a statement. "We believe that the evidence, including evidence of the husband's fraudulent behavior and unclean hands, will clearly demonstrate that Bethenny, who is the sole purchaser, is also the sole owner. We are also pleased the court invalidated the award of interim spousal support to Jason based on his waiver in the prenuptial agreement." 

[https://s]An appellate court in New York ruled Frankel no longer must pay Hoppy approximately $12,000 a month in temporary maintenance, which is support a higher-earning spouse pays while a divorce case is pending. Frankel has paid her ex $12,000 a month in support in the last year. 

The couple had a prenuptial agreement waiving claims for spousal support or maintenance, and the ruling in Frankel's favor cited this agreement, according to court documents obtained by PEOPLE. 



The court also examined the Tribeca apartment Hoppy still lives in, which Frankel paid for while they were still together, according to the documents. Frankel bought the apartment under a trust, which named both the Skinny Girl mogul and Hoppy as beneficiaries, however the court reiterated Tuesday that the trust was not valid. 

Hoppy argues that the property was purchased with the intention of it being joint property and that he made payments toward its renovation and maintenance, therefore he deserved joint rights to the property. The apartment has appreciated in value from the original $5 million they paid for it up to $7 million currently. 

"Nonetheless, issues of fact exist whether the parties intended to jointly own the apartment, and whether the husband was involved in any fraud in the preparation and execution of the trust agreement," the court found. 

The court will rule at a later date if he has rights to the property. This would be significant if and when the apartment is sold, as it would determine who would get the proceeds. 

Still, Hoppy's attorney Bernard Clair says it was also a good day in court for his client. 

"Jason is very happy that the court agreed with him that the ownership of the marital apartment is still an open issue and that he will get his day in court," Hoppy's attorney tells PEOPLE. In addition, he says, "We believe that the court was in error when they applied an across the board waiver of the right to receive temporary support when the words to extinguish the right did not appear in the prenup." 

Frankel and Hoppy, both 45, announced their split in December 2012 after three years of marriage.

[Deleted]

Crikey, this divorce STILL isn't final?

[miniroller]

Mar 23, 2016 0:49:58 GMT -5 @idaholakelady said:

Crikey, this divorce STILL isn't final?

The divorce has lasted longer than their three-year marriage. Their poor daughter

[whattheheck]

Psh. I filed for divorce in November 2010. My ex is still dragging things out and we are still going to court. Three years is nothing in a high stakes divorce.

[summer]

can we do "spousal support" like I'm 5? I've never understood these massive spousal support figures.

[Cicero]

Mar 23, 2016 4:35:12 GMT -5 summer said:

can we do "spousal support" like I'm 5? I've never understood these massive spousal support figures.

In NY spousal support is to maintain the standard of living enjoyed by the lesser earning spouse during the marriage. It's been a really long time since I clerked for a firm that handled domestic relations, but IIRC its duration is somehow proportional to the length of the marriage and if the ex-spouse receiving it is disabled it can be awarded permenantly.

ETA: The firm had a worksheet that it had clients fill out which basically worked out how much they should settle for. It asked things like "How often do you get your hair/nails/whatever done and at what price?"

[jeaniebueller]

I can't believe he is entitled to that much support for a 3 year marriage. That is nuts.

[summer]

Mar 23, 2016 5:00:29 GMT -5 Cicero said:

Mar 23, 2016 4:35:12 GMT -5 summer said:

can we do "spousal support" like I'm 5? I've never understood these massive spousal support figures.

In NY spousal support is to maintain the standard of living enjoyed by the lesser earning spouse during the marriage. It's been a really long time since I clerked for a firm that handled domestic relations, but IIRC its duration is somehow proportional to the length of the marriage and if the ex-spouse receiving it is disabled it can be awarded permenantly.

ETA: The firm had a worksheet that it had clients fill out which basically worked out how much they should settle for. It asked things like "How often do you get your hair/nails/whatever done and at what price?"

Really? Is it wrong of me to sideeye something like nails? Am I missing something?

[Cicero]

Mar 23, 2016 5:52:45 GMT -5 summer said:

Mar 23, 2016 5:00:29 GMT -5 Cicero said:

In NY spousal support is to maintain the standard of living enjoyed by the lesser earning spouse during the marriage. It's been a really long time since I clerked for a firm that handled domestic relations, but IIRC its duration is somehow proportional to the length of the marriage and if the ex-spouse receiving it is disabled it can be awarded permenantly.

ETA: The firm had a worksheet that it had clients fill out which basically worked out how much they should settle for. It asked things like "How often do you get your hair/nails/whatever done and at what price?"

Really? Is it wrong of me to sideeye something like nails? Am I missing something?

Honestly, it's meant to protect people who have SAH with the kids for the last decade of the marriage so they don't have to eat rice and beans and live in a cardboard box while getting back on their feet. Although with the exception of adding no fault divorce four years ago NY family law isn't an area that has been touched in half a century.

Re: nails--you need to know what monthly expenses are before going in to negotiate.

[cookiemdough]

I think in some states it is harder to get spousal support. Usually it is granted in longer marriages (I think like 10 years or something) when the other person has not worked or had a lower paying job for the benefit of the family. 3 years is ridiculous to have to pay spousal support. Child support yes, spousal support no.

[eclaires]

In some states, spousal support isn't allowed at all if I remember correctly. Texas maybe?

[lg28]

I think spousal support is great. I dont know the specifics of THIS marriage, obviously, but i like that its there to assist the lower (or no) income-earning spouse.

If my H left me, I would need spousal support as i've JUST gone back to work and have been out of the workforce for a few years. I wouldn't expect it forever (nor would I ask for 12K/month), but I would definitely ask for enough to cover rent, food, utilities, and a small amount for "luxuries" (ie massage, clothing, nails if thats something i normally did) until I was back on my feet. That being said, i WOULD expect to be able to do all of those things a lot less.

I have many clients using my services because of divorce and it has really opened my eyes to the need for spousal support, especially for SAH types.

[summer]

Mar 23, 2016 6:25:50 GMT -5 lg28 said:

I think spousal support is great. I dont know the specifics of THIS marriage, obviously, but i like that its there to assist the lower (or no) income-earning spouse.

If my H left me, I would need spousal support as i've JUST gone back to work and have been out of the workforce for a few years. I wouldn't expect it forever (nor would I ask for 12K/month), but I would definitely ask for enough to cover rent, food, utilities, and a small amount for "luxuries" (ie massage, clothing, nails if thats something i normally did) until I was back on my feet. That being said, i WOULD expect to be able to do all of those things a lot less.

I have many clients using my services because of divorce and it has really opened my eyes to the need for spousal support, especially for SAH types.

I am SAH myself and would need support, so I'm not at all digging at spousal support as an idea. But I've always raised an eyebrow at reports of 10-15K per month of support. I don't know. Maybe it's me. 

[Cicero]

I like maintence, especially in equitable distribution states. In a community property state where all marital assets are 50/50 split I don't know that its necessary but in an equitable distribution state you can end up with some really lopsided and not necessarily fair outcomes.

For example: 10 year marriage, no kids, one spouse put their career on the back burner to focus on the other spouse's. Other spouse makes $500k base. Marital assets (cash, homes, etc accumulated DURING the marriage equal 10 million. Equatable distribution gives one spouse assets totaling $7.5 M. The trailing spouse gets the house that is worth $2.25 M and $25k cash. I'm totally cool with a large support payment in that instance so that s/he doesn't have to sell the one asset they actually got in the divorce. If the split were equal I'd feel differently.

[andwhat]

Mar 23, 2016 6:54:18 GMT -5 summer said:

Mar 23, 2016 6:25:50 GMT -5 lg28 said:

I think spousal support is great. I dont know the specifics of THIS marriage, obviously, but i like that its there to assist the lower (or no) income-earning spouse.

If my H left me, I would need spousal support as i've JUST gone back to work and have been out of the workforce for a few years. I wouldn't expect it forever (nor would I ask for 12K/month), but I would definitely ask for enough to cover rent, food, utilities, and a small amount for "luxuries" (ie massage, clothing, nails if thats something i normally did) until I was back on my feet. That being said, i WOULD expect to be able to do all of those things a lot less.

I have many clients using my services because of divorce and it has really opened my eyes to the need for spousal support, especially for SAH types.

I am SAH myself and would need support, so I'm not at all digging at spousal support as an idea. But I've always raised an eyebrow at reports of 10-15K per month of support. I don't know. Maybe it's me. 

I always assumed a large portion of those crazy high ones would go to a home/apartment. Like if you are used to living in a 7 million dollar home in the Upper East Side, where are you supposed to go if the relationship ends? Especially if you are supposed to be able to maintain a similar lifestyle for a period of time. But maybe I am wrong.

What did her H do for a living anyway? I know nothing about reality TV.

[Deleted]

Mar 23, 2016 6:54:18 GMT -5 summer said:

Mar 23, 2016 6:25:50 GMT -5 lg28 said:

I think spousal support is great. I dont know the specifics of THIS marriage, obviously, but i like that its there to assist the lower (or no) income-earning spouse.

If my H left me, I would need spousal support as i've JUST gone back to work and have been out of the workforce for a few years. I wouldn't expect it forever (nor would I ask for 12K/month), but I would definitely ask for enough to cover rent, food, utilities, and a small amount for "luxuries" (ie massage, clothing, nails if thats something i normally did) until I was back on my feet. That being said, i WOULD expect to be able to do all of those things a lot less.

I have many clients using my services because of divorce and it has really opened my eyes to the need for spousal support, especially for SAH types.

I am SAH myself and would need support, so I'm not at all digging at spousal support as an idea. But I've always raised an eyebrow at reports of 10-15K per month of support. I don't know. Maybe it's me. 

Realistically, staying in the same or a similar Manhattan neighborhood, even in a smaller apt (1 bedroom) would eat half to two thirds of $12k. Assuming they live in a doorman building with amenities.

[sfy]

Mar 23, 2016 6:18:00 GMT -5 eclaires said:

In some states, spousal support isn't allowed at all if I remember correctly. Texas maybe?

Wow, I've never heard this! But Texas is huge on fucking ex spouses and custodial parents (read: women), so it would also not surprise me.

Maybe now that he's not getting temporary maintenance, he'll be motivated to see that this process is expedited (I have no idea who or what is slowing things down). Bethenny is and has always been my favorite housewife of any RH franchise, but I only watched their show once. I didn't get his appeal and I'm not really interested in any of the HWs individually.

[cookiemdough]

Mar 23, 2016 7:04:56 GMT -5 andwhat said:

Mar 23, 2016 6:54:18 GMT -5 summer said:

I am SAH myself and would need support, so I'm not at all digging at spousal support as an idea. But I've always raised an eyebrow at reports of 10-15K per month of support. I don't know. Maybe it's me. 

I always assumed a large portion of those crazy high ones would go to a home/apartment. Like if you are used to living in a 7 million dollar home in the Upper East Side, where are you supposed to go if the relationship ends? Especially if you are supposed to be able to maintain a similar lifestyle for a period of time. But maybe I am wrong.

What did her H do for a living anyway? I know nothing about reality TV.

Wouldn't child support do that though? They are far more interested in making sure the child's life is uninterrupted and would make adjustments accordingly. I think that is why you generally hear about significant monthly child support payments that cost wAyyyy more than some daycare, and the payout for spouse's comes with the division of assets, which disproportionately hits the wage earner (as it should in Sahm or trailing situations).

[sfy]

Mar 23, 2016 7:04:56 GMT -5 andwhat said:

Mar 23, 2016 6:54:18 GMT -5 summer said:

I am SAH myself and would need support, so I'm not at all digging at spousal support as an idea. But I've always raised an eyebrow at reports of 10-15K per month of support. I don't know. Maybe it's me. 

I always assumed a large portion of those crazy high ones would go to a home/apartment. Like if you are used to living in a 7 million dollar home in the Upper East Side, where are you supposed to go if the relationship ends? Especially if you are supposed to be able to maintain a similar lifestyle for a period of time. But maybe I am wrong.

What did her H do for a living anyway? I know nothing about reality TV.

He was in sales.

And I agree with you. I am all for substantial spousal and child support amounts particularly for the wealthy, and especially the latter. I don't want to go down the road of the classic MM "is $250k rich argument," but for the STBX of someone worth $100M+, no, it's not. At least allow him to transition. I don't know if he needed to quit his job for the show, but I'm assuming he did, which helped further her career. Pay like you weigh, Bethenny! Although, in this case, that's actually not very much at all lol.

[rupertpenny]

Our HHI is in that range and I don't think I would starve trying to support my daughter on that in TriBeCa, but it might be tight depending on if there was private school tuition and he is responsible for part of it.

I also have no clue how spousal support is taxed, if it is just normal income taxes then at NYC rates that would be tight.

If he still has his own source of income and never left the workforce I lose a lot of sympathy.

[tacoflavoredkisses]

IIRC, he left his job to basically work for her supporting her brand, so I dont think he had an actual source of income.

[tacoflavoredkisses]

And I still wonder what he would have said about her on the stand during their custody dispute. She testified and said some horrible things about him, and then the day he was scheduled to testify, they settled.

[lg28]

Mar 23, 2016 6:54:18 GMT -5 summer said:

Mar 23, 2016 6:25:50 GMT -5 lg28 said:

I think spousal support is great. I dont know the specifics of THIS marriage, obviously, but i like that its there to assist the lower (or no) income-earning spouse.

If my H left me, I would need spousal support as i've JUST gone back to work and have been out of the workforce for a few years. I wouldn't expect it forever (nor would I ask for 12K/month), but I would definitely ask for enough to cover rent, food, utilities, and a small amount for "luxuries" (ie massage, clothing, nails if thats something i normally did) until I was back on my feet. That being said, i WOULD expect to be able to do all of those things a lot less.

I have many clients using my services because of divorce and it has really opened my eyes to the need for spousal support, especially for SAH types.

I am SAH myself and would need support, so I'm not at all digging at spousal support as an idea. But I've always raised an eyebrow at reports of 10-15K per month of support. I don't know. Maybe it's me. 

Right, but if the one spouse is making upwards of $1m per year, 10k a month is honestly probably a lot less than they're used to. So sure, it sounds like a lot to those of us whose HHi is less than that monthly, but I can see it for higher earning people.

[andwhat]

Mar 23, 2016 7:42:01 GMT -5 cookiemdough said:

Mar 23, 2016 7:04:56 GMT -5 andwhat said:

I always assumed a large portion of those crazy high ones would go to a home/apartment. Like if you are used to living in a 7 million dollar home in the Upper East Side, where are you supposed to go if the relationship ends? Especially if you are supposed to be able to maintain a similar lifestyle for a period of time. But maybe I am wrong.

What did her H do for a living anyway? I know nothing about reality TV.

Wouldn't child support do that though? They are far more interested in making sure the child's life is uninterrupted and would make adjustments accordingly. I think that is why you generally hear about significant monthly child support payments that cost wAyyyy more than some daycare, and the payout for spouse's comes with the division of assets, which disproportionately hits the wage earner (as it should in Sahm or trailing situations).

I really have no idea what I am talking about, but in my mind spousal support this large would give the trailing spouse time to adjust and decrease their expectations and that is why in most cases it is not permanent. Where as if it were child support, you would want the child to maintain that lifestyle indefinitely. So in the world where I am the ruler, that is how it would work. LOL

[jojoandleo]

I have no problem with spousal support. I think it is especially important in cases of DV. Someone who has been alienated from friends and family may not feel financially able to leave.

However, Jason always creeped me out. He seemed to only date Bethenny for the fame and money. They were married 2 1/2 years. He quit his job, sure, but at most was out of a job, what, 2 years? That's not that long of a break and he should be able to get back in the work force without too many problems. Now, someone who was a SAH spouse for, like, 10+ years? Or who never worked to stay home and raise a family? Different story. I think $12k for three years (that's longer than their marriage) was ridiculous. Of course, my feelings about Jason probably influence how I feel.

[Cicero]

Mar 23, 2016 7:42:01 GMT -5 cookiemdough said:

Mar 23, 2016 7:04:56 GMT -5 andwhat said:

I always assumed a large portion of those crazy high ones would go to a home/apartment. Like if you are used to living in a 7 million dollar home in the Upper East Side, where are you supposed to go if the relationship ends? Especially if you are supposed to be able to maintain a similar lifestyle for a period of time. But maybe I am wrong.

What did her H do for a living anyway? I know nothing about reality TV.

Wouldn't child support do that though? They are far more interested in making sure the child's life is uninterrupted and would make adjustments accordingly. I think that is why you generally hear about significant monthly child support payments that cost wAyyyy more than some daycare, and the payout for spouse's comes with the division of assets, which disproportionately hits the wage earner (as it should in Sahm or trailing situations).

What if the kid is 18 when you split though? And you've spent the last 18 years raising said kid? Division of assets won't cover you in an equitable distribution state.

[sfy]

jojoandleo , I never felt like I got enough of his personality to decide either way. I didn't really like him, but I also didn't dislike him. I only watched their show once, but my friend told me she was really rude to his parents (I have noticed this is not uncommon with people like her who have bad relationships with their own parents). I really like Bethenny, but she strikes me as someone who would be difficult to deal with in a relationship or marriage. For those reasons, I never blamed him too much...but I side eye anyone who meets a reality star, marries him/her on television and then joins the show(s). It does strike me as fame-hungry, or at least, that it could be a possibility. The fact that he's fighting so hard and so long for her assets is also not a good look, imo.

Yes, Cicero , do think of us poor empty nesters, bless you lol.

[suzyp]

Mar 23, 2016 12:11:30 GMT -5 jojoandleo said:

I have no problem with spousal support. I think it is especially important in cases of DV. Someone who has been alienated from friends and family may not feel financially able to leave.

However, Jason always creeped me out. He seemed to only date Bethenny for the fame and money. They were married 2 1/2 years. He quit his job, sure, but at most was out of a job, what, 2 years? That's not that long of a break and he should be able to get back in the work force without too many problems. Now, someone who was a SAH spouse for, like, 10+ years? Or who never worked to stay home and raise a family? Different story. I think $12k for three years (that's longer than their marriage) was ridiculous. Of course, my feelings about Jason probably influence how I feel.

This is how I feel - I am all for spousal support if the situation calls for it- and I could get behind some for him because she did quit his job and basically work for Skinny Girl. BUT they had a pre-nup and most of her work with Skinny Girl happened before he was in the picture - she just happened to sell when they were married, but that ball as rolling (IMO) before that.  There's just something that rubs me the wrong way that he has fought her so hard for the money that was the result of her busting her ass before they met.  (Not as bad a situation, but it's like when Heather Mills tried to get some Beatles money in her divorce with Paul McCarthy).

I also think he's a giant douche who knew he was on camera and made sure that he seemed like the normal, family man and made Bethenny look unstable. I think he exploited this in their relationship b/c she knew she had/has issues and seemed to blame herself anytime they had problems and he allowed her to do so. 

[sugarbear]

He always seemed completely sane and kind... at least the few times I watched the show. What did she say about him in her court testimony?

[sfy]

Mar 23, 2016 13:02:32 GMT -5 suzyp said:

I also think he's a giant douche who knew he was on camera and made sure that he seemed like the normal, family man and made Bethenny look unstable. I think he exploited this in their relationship b/c she knew she had/has issues and seemed to blame herself anytime they had problems and he allowed her to do so. 

Oh my.  You are making me wish I'd watched.

Mar 23, 2016 13:25:42 GMT -5 sugarbear said:

He always seemed completely sane and kind... at least the few times I watched the show. What did she say about him in her court testimony?

Goodness. I don't know what to believe.