SamboraBlog

Legal advice for Hollywood break-ups

By Jayme Deerwester and Korina Lopez, USA TODAY
More celebrities took up residence in Splitsville last week. Joey star Matt LeBlanc filed for divorce from Melissa, his wife of three years. Rap mogul Russell Simmons and his fashion designer wife, Kimora Lee, quickly followed suit, announcing their separation after seven years of marriage. USA TODAY sizes ups some of Hollywood's recent untidy uncouplings with the help of incoming Divorce Court judge Lynn Toler and Harvey Levin, the managing editor of celebrity news site TMZ.com and a longtime legal correspondent.
Nick Lachey and Jessica Simpson

For better: The Dukes of Hazzard siren, 25, and former 98 Degrees frontman, 32, met in 1998 during a Hollywood Christmas parade. They were married in 2002 in a lavish ceremony in Austin.

For worse: Breakup rumors hounded the pair throughout their three-year marriage; Simpson filed for divorce Dec. 16.

What are they fighting over?

Money. Since the start of their MTV reality show, Newlyweds, Simpson has met with huge success; she earned more than $30 million last year alone. Lachey's career has been spotty at best, with occasional guest spots on WB's Charmed and a disappointing solo album, SoulO. Because the couple did not have a prenup, anything earned during the marriage could be divided equally. Adding fuel to the fire: Simpson's divorce filing states the separation date is Nov. 23. Lachey disagreed, claiming that although they announced their separation on that date, they lived together until Dec. 13. If Lachey's claim is upheld, he'll get half of the $850,000 Simpson was paid for a private concert in Cincinnati on Dec. 5.

Who will come out on top?

Levin's legal brief: "He is entitled to absolutely half of what they both earned. Newlyweds worked in no small part because of him. (Simpson) can't have it both ways; (she) can't say, 'Now I'm a star, you can't have anything.' " Lachey also is seeking spousal support, "which is a trump card for him. If she's not willing to ante up what he thinks he deserves, he can play the spousal-support card." It's a long shot, but if the estranged couple is not required to split their assets, Nick can fight for spousal support.

Tolar's ruling: "You have to go by the law, so he deserves half. I'd be hard pressed for spousal support, though. It's not like he has no income."

Heather Locklear and Richie Sambora

For better: The Melrose Place vixen, 44, married the Bon Jovi guitarist, 46, in 1994. They have an 8-year-old daughter, Ava.

For worse: Locklear filed for divorce Feb. 2.

What are they fighting over? He filed for joint custody of Ava in March after a skirmish over which judge would hear their case. The couple have a prenuptial agreement.

Who will come out on top?

Levin's legal brief: "What gets my antenna up on this one is that he's asking for joint custody and she's asking for sole custody. You have a rocker on one side and a sweet and beautiful woman on the other. Based on stereotypes, she has the upper hand. She could (argue) that bouncing the kid back and forth is not in (the child's) best interest."

Toler's ruling: "Some judges are biased toward women. So it depends on which judge they get, which might be why they're fighting over judges. After a (child's) certain age, I'm a big fan of joint custody because it gives both parents a chance to be an active part of the kid's life."

David Hasselhoff and Pamela Bach

For better: The Baywatch star, 53, married actress Pamela Bach, 42, in 1989. They have two daughters: Taylor, 15, and Hayley, 13.

For worse: Hasselhoff filed divorce papers Jan. 12. Each parent was granted temporary custody of one child.

What are they fighting over? Their amicable split soured when Bach claimed he made threatening phone calls to her. On March 6, an L.A. judge signed a restraining order barring Hasselhoff from contacting her.

Who will come out on top?

Levin's legal brief: "The prelude to this case is allegations of domestic violence. The winner will be the one willing to let go and not keep fighting over everything."

Toler's ruling: "It's been a long marriage, and there's a gross disparity in income; she has a stronger argument for significant spousal support. But unless I know what the domestic violence situation is, I wouldn't touch this case with a 10-foot-pole. They're very serious allegations."

Shannon Elizabeth and Joseph Reitman

For better: Elizabeth, 32, and Reitman, 37, lived together five years before tying the knot in 2002 on a beach in Mexico. They share a passion for animal rights and started a rescue organization together, Animal Avengers.

For worse: Separated March 2005. Elizabeth filed for divorce June 29, but financial squabbles are holding up the works.

What are they fighting over? Money. In March, Reitman filed a lawsuit against Elizabeth. He wants half the assets the couple accumulated while living together; he says they had an oral agreement before they married to split everything evenly. Adding fuel to the fire: he says his ex has been secretly transferring their assets and investments so he can't access them.

The actress played sexy exchange student Nadia in American Pie and has become much more successful than him. Reitman, who says he sacrificed his acting career to promote hers, has had bit parts in three of Elizabeth's films and appearances on TV shows like Married … with Children.

Who will come out on top?

Levin's legal brief: "Elizabeth has the upper hand. I see a lot of Spam in his future."

Toler's ruling: "(Reitman) would have a hard time using that oral agreement before marriage. He'd have to really prove to me that the agreement existed."