The Obama Divorce
No, Barack and Michelle are not getting a divorce, but with the inauguration fast approaching (or looming, depends who you voted for I guess), I figured it would be appropriate for my first blog to play a little pretend divorce game. I have seen the Internet joking around that Barack Obama leaving the White House is like the country’s favorite Dad divorcing Mom, and Mom’s new Husband (Donald Trump) moving in. This gave me an idea, why don’t I go through the notions of the divorce with the Husband being Barack Obama and the Wife is the United States of America, outlining who gets what and why (based on Florida law of course).
Divorce papers – Florida Divorce Laws
By Florida family law standards, this being an eight year marriage, it is considered a marriage of moderate duration, not short-term (seven years and under) and not long-term (over 17 years). Therefore, depending on the Husband’s future earning prospects and the Wife’s earning ability, the Wife might be required to pay alimony to the Husband. In Florida, alimony is awarded on “need and ability to pay basis.” Since we know United States of America is a wealthy and generous country, who supported the Husband for the last eight years, the “ability to pay” factor is clear in this situation. However, Mr. Obama is yet to announce his plans as to what he intends to do after leaving the White House (I am guessing lots of sleep and never wearing a suit ever again), not to mention that he has become quite accustomed to a very nice lifestyle the Wife has provided for him in the White House, including Air Force One, Camp David, and the like. Looks like dear old USofA will be paying some alimony in this divorce.
Separation agreement
Next, we must divide all the assets and liabilities (equitable distribution). It is known that Barack came into the marriage with some assets (a house in Chicago, couple of published books, etc.). Unless these assets have been comingled with the marital assets or the Wife has contributed to the improvement of those assets, these assets will likely remain premarital assets of the Husband. This of course is an oversimplified approach to the equitable distribution, but I don’t want to bore you with the nitty-gritty of the divorce equitable distribution. The Wife also has some premarital assets, like the White House, Air Force One, Camp David, and guess what, she also gets to keep the fancy china (I believe it gets donated to a museum). Under normal circumstance, anything purchased during the marriage with the marital funds would be divisible equitably between the spouses. What about if Mr. Obama already hired a ghost writer, who has been writing a book about his life as a President, and this book is finished and sitting, waiting to be published just as soon as Mr. Obama moves out of the White House. That is where is gets tricky. Any business endeavors “hatched” during the intact marriage are considered a marital asset and must be divided equitably between the spouses. A good family law attorney will propound well crafted discovery requests to the other spouse to find out if any business dealings are brewing. What about Bo and Sunny, the adorable First Family dogs? Pets in the state of Florida are considered property, just like your sofa or a car, same rules are applied to their “division.” Now, the Husband can keep Sunny and the country can take Bo. I heard Sunny bites, so the Husband can deal with him!
Florida Divorce Laws
If you are facing a divorce, do not hesitate to call (305) 520-9205 to schedule a free consultation.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.