Major Golf Player Sparks Divorce, Separation of Property Questions
One of Golf’s premiere athletes – Rory McIlroy – has certainly been gaining media focus lately, and for more than one reason. In recent years this player essentially acted as the poster child for the Professional Golfer’s Association (PGA), particularly with the organization’s contentious history with former Competitor LIV Golf. In addition, this year, Mr. McIlroy beat out the competitors to claim the top spot as champion of the Wells Fargo Championship at Quail Hollow. The elite tournament was played from May 9 through May 12, with Mr. McIlroy winning a purse of 3.6 million dollars on May 12.
He filed for divorce on May 13.
Mr. McIlroy and his soon-to-be ex-wife, Erica Stoll, have one young daughter and have been married for seven years. The timing of the athlete’s divorce filing has sparked many questions as to what property, precisely, McIlroy’s wife will be entitled to in the divorce. had many people questioning what, exactly, his wife would be entitled to in the divorce’s division of property ruling. Mr. McIlroy is in the middle of peak golf season and just came away from winning a multi-million dollar purse. What will his spouse walk away with?
Well, as it so often goes in the law, it depends. But there are some important guidelines you should know.
It is important to note that the McIlroy-Stoll divorce was filed in Florida and will be processed through the Florida courts, which will differ from the California courts and court system. Every state has developed its own system of divorce laws, and this article will help guide California-jurisdiction readers through some of the most important aspects of property division law in California divorce.
Community Property
California is a community property state. This means that, unless an exception applies, assets or debts accumulated by either spouse in a marriage will belong to each spouse equally if the couple were to divorce. This means that if one spouse has an annual salary of $200,000 and the other has an annual salary of $100,000, the couple’s income together is $300,000. Each spouse would be entitled to half of that – a value of $150,000. This means that, theoretically, if Mr. McIlroy was subject to the California court system and won a 3.6 million dollar purse during the course of his marriage before he and his wife had separated and begun the divorce process, his wife would be entitled to half of those winnings – unless an exception applies. Some important exceptions are prenuptial and postnuptial agreements.
Prenuptial and Postnuptial Agreements
There are important exceptions to the general community property rule, and it is imperative that you seek legal counsel from an experienced divorce and property division attorney to have the exact details of your case examined so you know what you are entitled to and what to expect in any future divorce.
Prenuptial and postnuptial agreements, for example, are important contracts that can be added on to your marriage agreement. The terms contained in a valid prenuptial or postnuptial agreement can substantially alter what a spouse is entitled to in the event of divorce.
Again, every prenuptial and postnuptial agreement is different – tailored to the circumstances of the couple at hand. An experienced attorney can help you review your own situation.
Date of Separation and Property Division
What property the courts consider to be subject to community property division will depend largely on timing. Specific dates are important in California divorce. Anything earned or accumulated—be it assets or debts—AFTER the date of separation will more likely than not be considered separate property and will not be subject to division.
Contact the Law Office of Bradley S. Sandler
Competent legal counsel is imperative if your goal is to ensure you know what to expect in a divorce and that you come out with your best foot forward. Contact an experienced divorce attorney at the Law Office of Bradley S. Sandler to begin discussing your own situation.
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