Thursday, March 19, 2009

When $43,000,000 Just Won't Cut It

"I can't live on forty-three million dollars."
(Marie Douglas-David, testifying in her divorce trial in Hartford, Connecticut)

Described in the newspapers as a "36 year-old Swedish countess", Marie Douglas-Davis is in the process of getting a divorce from her husband, 67 year old George David, former CEO of United Technologies Corp. and (for now, anyway) a very wealthy man. How wealthy he'll be after the divorce, however, is very much up for grabs.

Although the couple has been married only since 2002, the marriage has reportedly been troubled since at least 2004, with each party accusing the other of multiple affairs. In 2005, after a series of separations and reconciliations, the couple signed a "postnuptial agreement", which provided that, should there be a divorce, Marie would get a lump-sum payment of forty-three million dollars from George, in lieu of alimony, real estate, or any other property.

Now, four years later, Marie wants the court to declare the agreement null and void. She claims she was coerced into signing it, and claims that the lump-sum amount is "embarrassingly small" in light of her husband's reported $329 million net worth. She now wants $100 million up front, plus $150,000 a month in alimony.

Although the case is in the news because of the outrageous financial statements that have been filed (among other things, Marie says she spends a minimum of $4,500 a week on clothing and $8,700 a week on travel expenses and limousine rides), I'm writing about it here because of the postnuptial agreement issue.

Postnuptial agreements are a lot less common than prenuptial agreements, and they're not recognized by statute everywhere, but they are coming into the mainstream of American family law. In essence, postnuptial agreements are prenuptial agreements entered-into after the wedding date, not before it. In the states where they are legally recognized, postnuptial agreements can address any and all of the issues that are addressed in prenuptial agreements, most notably property division and alimony in the event of divorce.

Like a prenuptial agreement, a postnuptial agreement allows a husband and wife to, in a sense, make their own law. For example, the agreement may specify that the wife shall receive alimony, even if she wouldn't normally qualify for it under her state's divorce laws. Or, the agreement may say that the parties will split their property or apportion their debts in a way that would not normally be ordered by the divorce court. The only exceptions are in the areas of child custody, support, and visitation, where the court will always consider the best interests of the child or children, and never rubber-stamp an agreement made in advance by the husband and wife. But, aside from issues involving the kids, just about everything else will be approved by the court in a state that recognizes postnuptial agreements.

So, how can Marie try to invalidate an agreement that she, herself, not only signed but had her own lawyer review? Her only hope---and, according to Connecticut legal experts, it's a very slim one---is to convince the judge that she signed it when she was "emotionally vulnerable" and not thinking straight. As she puts it, "What rational person would voluntarily accept a mere $43 million from a man worth over $300 million?"

Well, call me irrational, but I think $43 million after a seven year, childless marriage is not a bad deal. In fact, by trying to invalidate the agreement Marie is creating the possibility that the judge might invalidate the agreement and then award her less than the amount she would have gotten if the agreement had been enforced. It happens. I don't give legal advice in this column, but if I did it would be simple: take the money and run. And if you don't like to run, take a limo ride. $43 million will buy a lot of them.

Sunday, February 22, 2009

Announcing "Relationship Radio"

Dear Friends:

Instead of my usual "Quote & Comment" article, I'd like to announce that "Relationship Radio with Jim Duzak" is about to debut on a computer near you.

The show will be broadcast live each Friday at 2:00PM Pacific time (5:00PM Eastern time), beginning March 6, 2009, on the Voice America Internet network (http://www.voiceamerica.com/). Each show will be repeated twelve hours later, and will then be archived on the Voice America site within twenty-four hours, so you can listen to it at your convenience.

On each one-hour show, I'll be interviewing a guest with something interesting and important to say about marriage, divorce, midlife dating, widowhood, or men-women relationships in general. My first five guests, for example, are:
  • Frankie Picasso, the "Unstoppable Coach", who works with post-divorce singles and hosts the popular "Midlife Mojo" radio show.
  • Joanie Winberg, the founder and director of the National Association of Divorce for Women and Children, and also a long-time radio host.
  • Carole Brody Fleet, author of "Widows Wear Stilettos: a Practical and Emotional Guide for the Young Widow", and a frequent guest on national TV.
  • Lauren Bloom, lawyer and author of the groundbreaking book, "The Art of the Apology".
  • Kelly McDaniel, therapist, workshop leader, and author of "Ready to Heal: Women Facing Love, Sex, and Relationship Addiction".

My goal for each show is to have a conversation that's relaxed but stimulating, a conversation that will draw the listener in and provide pleasure as well as information. I'm hoping that the show will soon be "must" listening for anyone who cares about forming or enhancing committed relationships, or dealing with the challenges of widowhood, divorce recovery, or midlife dating.

If you're not already on my mailing list and would like to get a weekly reminder of upcoming shows, please write to me at jim@attorneyatlove.com.

As always, thanks for your friendship and support, and please spread the word about "Relationship Radio".

Monday, February 9, 2009

Doing Ordinary Things Extraordinarily Well

"Small-but-frequent rewards are more effective than large one-time rewards."
(Joel Kotkin, M.D., author of "How to Change Your Spouse and Save Your Marriage")


Dr. Kotkin's observation about small-but-frequent rewards is something that has been demonstrated over and over in psychological experiments. In essence, people are happier when a lot of little things go well on a daily basis, than when one really good thing happens once in a great while, with nothing good in between.

This is true even when the big reward is greater, in totality, than the sum of all the small rewards. In playing a $1.00 lottery game, for example, most people would be happier winning $2.00 every day of the year, than winning nothing for 364 days and then $1,000 on a single day. In fact, if you win nothing too many times in a row, you'll probably stop playing entirely---a fact well known to the casino industry, which wants people to stay glued to their chairs at the slot machines hour after hour.

OK, but what does this have to do with relationships? Quite a bit, actually. To keep any relationship stimulating after the initial rush of emotions has subsided, we need to do a lot of little things on a regular basis. We need to pay more attention to the other person. We need to give little compliments; offer words of encouragement, sympathy, and appreciation; and promptly reward efforts or achievements---no matter how small those efforts or achievements may be. We need to smile more and complain less. We need to touch each other often, and let it be known that we're enjoying our life together, even when life is hard.

To be sure, we need to celebrate the once-a-year events: the birthdays, the anniversaries, the religious holidays, Valentine's Day. But we should try to extend these celebrations in little ways. We can, for example, give small gifts that say, "This made me think of you." Or we can take out picture albums that remind us of happy events we've shared, or look through travel brochures that stimulate our fantasies and help to reinforce the idea that we have a future---an enjoyable future---together. We don't have to go broke doing these things, nor do we have to disrupt our schedules to find the time to do them. We can work them into our life every day, seamlessly.

When you come right down to it, life consists of a lot of little things, a lot of ordinary things, along with a sprinkling of big things. If you concentrate on doing those ordinary things extraordinarily well, the big things will probably take care of themselves. And you'll always have a reason to celebrate, even when the calendar doesn't say it's a holiday.

Saturday, January 24, 2009

Advertising Your Bitterness to the World

"PROVE to me there is a decent man SOMEWHERE on this planet"
(Headline in a "Women Seeking Men" ad in craigslist)



Craigslist (http://www.craigslist.org/) is a popular place for trying to sell a car, sublet an apartment, dispose of an extra ticket to a basketball game, or barter a video game collection for a used mountain bike. It's also a place where people try to find romantic partners or sexual hook-ups. In fact, I read somewhere that the various "Personals" categories get more hits than all other categories combined, although---big surprise!---men are nearly twenty times more likely than women to be checking out "Casual Encounters", and much less likely to be perusing "Strictly Platonic".

According to craigslist's criteria, the "Men Seeking Women" and "Women Seeking Men" categories are supposed to be for people seeking "dating, romance, or long-term relationships". Thus, they constitute the middle ground between friends-only and no-strings sex. Although I'm a happily married man, I read these ads from time to time to get a sense of what people say and how they say it. Given that I met my wife through a personal ad, I think that ads and online profiles can, if done right, be a good way to meet people---not the only way and not necessarily the best way, but a good way.

Of course, not everyone does it right. There are an incredible number of ads that say absolutely nothing about the people who wrote them; or that are little more than wish-lists to Santa ("... seeking someone slim, sexy, beautiful, and under 25..."); or that are riddled with misspellings and grammatical errors.

And then there are the ads that say too much about the people who wrote them. Although some ads are simply way too long (a good ad should tell the reader just enough to make him want to know more), others are of manageable length but send an unintentionally toxic message. The woman whose headline I quoted, above, is a good example. Her ad said that she has met nothing but liars, losers, and assorted lowlifes, and that she's tempted to give up on men entirely. It concluded with a paragraph that began (in all caps) "DON'T WASTE MY TIME..." (...if you don't have a steady job, if you live with roommates, if you bet on football games, etc.).

I'm sure this woman had plenty of reason to be frustrated, even disgusted. There certainly are a lot of liars, losers, and assorted lowlifes out there, and the woman clearly has enough self-confidence and self-respect to know that she deserves better. But by emphasizing her disappointments, her bad experiences, and her non-negotiable demands, the ad probably scared off the very people that she was hoping to meet.

Why would a guy who has a good job and a place of his own, a guy who's not a gambler or an alcoholic or a jerk, a guy who's sincerely interested in forming a stable relationship, want to contact this woman? A guy like that has options. Why should he want to invest time and energy on someone who has a chip on her shoulder? Why should he go out of his way to "prove to her" that he's not a loser like all the others? Keep in mind: all he knows about this woman is what she said in her ad. It's a lot easier for him to move on to the next one, which may have been written by someone emanating more positive energy.

The really sad thing is that the woman will probably never know that she's scaring the good men off. The lack of positive responses will only reinforce her notion that there are no good men out there, creating a vicious cycle of bitterness. I'm not saying that people should simply forget all the bad things that have happened to them, but they don't need to emphasize them, especially in a personal ad.

Wednesday, January 14, 2009

Your Kidney or Your Life!

"He wants his pound of flesh. But he's not going to get it by way of the kidney."
(Lisa Bloom, CBS legal analyst)


I wish I could say I make these things up, but I don't. Every time I think I can say I've seen it all when it comes to divorce, someone comes along with a claim that trumps the others.

The lastest example of divorce litigants behaving badly is Dr. Richard Batista. The 49 year old graduate of Cornell Medical School, described in the press as a "prominent Long Island vascular surgeon", is mad at his wife. So much so that he wants her to do something that other doctors have said will literally kill her: he wants the kidney back that he donated to her in happier times. And if the divorce judge won't order that, he'll settle for $1.5 million as payment for the kidney.

Aside from the multitude of legal and ethical ethical reasons why Mrs. Batista should not have her kidney involuntarily ripped out, or have to pay big bucks for it---for starters, buying and selling organs is illegal in this country; and, clearly, the original kidney donation was...well...a donation, a gift, and the law never requires a gift to be returned---I have to wonder why the good doctor thought that such an outrageous demand would help his case, or enhance his career. He's reportedly fighting for increased visitation with his three kids---ages 14, 11, and 8. Well, he's certainly sending a hell of a message to them: "I hate your mom so much I'm willing to let her die on the operating table. But, I'll consider letting her live if she gives me a million and a half dollars."

And what about his reputation in the medical community? If you needed a surgeon, would go to him? If you were a colleague, would you refer patients to him? Ironically, his wife's attorney has described his demands as a publicity stunt. He's gotten plenty of publicity all right, but virtually all of it has been negative. What was he thinking?

And, for that matter, what was his own lawyer, Dominic Barbara, thinking? I practiced divorce law long enough to know that you can't always do everything your client wants you to do. Atty. Barbara should have said---sympathetically but firmly---"Doctor, I understand your feelings, but this is a terrible idea. At the very least, it will backfire. At worst, we could both be in trouble for ethical or even criminal violations." Of course, I'm assuming that Atty. Barbara didn't concoct this nutty scheme himself; if he did, he deserves to be disciplined by the state bar authorities.

There is something about divorce that turns otherwise reasonable, educated, accomplished people into maniacs. In almost every case I can think of, people on a mission of revenge have done far more harm to themselves than they hoped to do to their spouse. They wind up looking like fools, damaging their reputations, alienating their kids, spending a fortune on doomed-from-the-start legal battles...for what? The chance to make life miserable for their estranged spouse?

Trust me: it's not worth it. If the two spouses can't be civil enough to engage in divorce mediation or what's called collaborative divorce, they can at least be adult enough to recognize the reality that the marriage is over. They should turn their attention to their kids and to the future, and avoid saying things that will haunt them for years to come.

Wednesday, January 7, 2009

The Five-Year-Old Spy

"An Omaha man has filed a lawsuit accusing his ex-wife of planting a recording device inside his daughter's teddy bear in order to spy on him."
(Associated Press story, 1/7/09)


I say in my book that, when it comes to marriage and divorce, I've either seen it all, heard it all, or done it all. But I have to admit that I had never imagined someone installing a recording device in a five-year-old girl's teddy bear that she brought to her father's house on weekend visits, in order to get evidence against him in a custody dispute. Several hundred hours of conversation were recorded over a six month period in 2007. It is unclear whether the little girl knew that she and her bear were acting as spies. My guess is that she had no idea.

To be sure, I know of quite a few cases where a divorced parent has tried to pump his or her kids for information about the other parent. Typically, the information sought has to do with the ex's boyfriend or girlfriend. "Did Daddy's new friend come over while you were there? Did she stay overnight? Was she nice to you or was she mean?" The questions can also arise over other issues. "Did Daddy bring you to Grandma's house Saturday? Did he stay there with you or did he just leave you there?" "Was Mommy drinking beer? Is she still smoking? Do you have to wake her up in the morning?"

Parents who do this kind of thing will always justify it. "I'm not going to send my child somewhere where it's not safe, or where he's being neglected." "That new girlfriend of his is nothing but a slut. I don't want my daughter exposed to someone like that." "Emily is always crying when she comes home on Sunday. I know something bad is happening there".

In these situations, the parent will not only pump the child for information, but will do it in a manipulative way. "Daddy's friend yelled at you, didn't she? She made you cry, didn't she? What else did she do? You don't want to ever go back there when she's there, do you?"

I'm not a child psychologist, but I do know that kids---especially pre-school kids---are easily manipulated. They want to please, and they don't want to see someone angry with them. They'll answer questions in a way that the questioner seems to want them answered, especially if the questionner is their mother or father.

It's all well and good that a parent is concerned for his or her child's welfare, but pumping a child for information about the other parent---or using the child as a spy---is about the worst thing a divorced parent can do. A child should never be put in that situation. Unless the situation is life-threatening (your child comes home from a visit with bruises, burn marks, or other visible signs of abuse), get your evidence some other way. If you think your child is being dumped off at the grandmother's most of the weekend, a private investigator can quickly confirm if that's true. If you think a particular person has caused emotional harm to your child, there are qualified child psychiatrists and psychologists who can interview your child in a non-threatening, non-manipulative way. If you think there's neglect or mistreatment going on, you can make a report to your state's child protection agency. If you want a judge to look at the matter and make changes to visitation orders, you always have that right, even if the divorce case is closed.

But never put the child in the middle. In almost every case, you'd be inflicting more damage than you're trying to prevent. And, if you put a recording device in your daughter's teddy bear, you'd not only be breaking the law, but killing your daughter's sense of innocence and trust. Nothing justifies that.

Friday, December 26, 2008

Lives of Quiet Desperation

"I love my husband, but how do you make a man stop embarrassing you in public?....He asks complete strangers walking by if they would 'like to buy a wife cheap.' He tells me people think he's funny..."
(From "Not Laughing in Cincinnati", a Dear Abby questioner)


On a radio show recently, I made the rather sweeping pronouncement that eighty percent of divorces are unnecessary. I told the host that, unless a marriage is characterized by ongoing physical or emotional abuse, untreated alcoholism or drug addiction, or repeated infidelities, there should be a way of resolving problems within the relationship, at least to the extent that both spouses are reasonably satisfied most of the time.

And I do believe that. But I was talking about people who give up on their marriages too easily, without trying new or imaginative approaches to dealing with conflict. The other side of that coin are the people who suffer forever in what clearly seem to be hopeless and dispiriting marriages. These are the people who, like the Dear Abby questioner, claim to love their spouse, but die a little bit every day because of that spouse's relentless bullying, verbal abuse, and control. These are the people who should get divorced, but never seem to, usually because of an acute lack of self-respect and self-confidence.

I hope that doesn't sound like you or your marriage, but if it does I have some simple advice for you: don't put up with it another day. Don't let him call you a dumb b*tch, a fat b*tch, or any other kind of b*tch. Don't let him make jokes at your expense, funny or otherwise. Don't let him set humiliating rules for you, or monitor your whereabouts, or prevent you from seeing friends or family, or impose unwarranted limits on your discretionary spending.

But how do you stop something that has been going on without protest for years? I think you begin by staying calm, and dealing with the problem the moment it manifests itself. "John, what you just said was humiliating to me. I don't ever want to hear those words again." If he laughs, avoid the temptation to rip into him; just say, as quietly and firmly as you can, "This is anything but funny. I'm dead-serious about this."

Your new-found assertiveness may be greeted with shock, disbelief, and even anger. "Why are you telling me this now?" And, yes, you did go along with it for far too long. You may have held your tongue out of a fear of conflict or a hope that the problem would just go away. But making a mistake in the past doesn't mean you have to keep making it. Today is a new day.

Because, as I mentioned, self-confidence---or the lack thereof---often plays a key role in these situations, professional help may be needed to address the underlying problem. And professional help may be what's needed for an abusive bully, as well. But bullies are not known for self-awareness, and not likely to seek help unless pushed to the wall. The best plan is to overcome your own inhibitions first, and then assess the situation. Maybe your spouse will, after the initial shock, start respecting you and start changing his ways. If so, great. If not, divorce is an option, and it may be the best option. It's certainly a better option than suffering in silence, or writing desperate letters to Dear Abby.

******************************************************************************

A Message to My Readers

Until very recently, I have kept to the schedule I announced back in August of 2007 of writing one new blog article per week. There are now well over sixty articles archived on this site, and I immodestly believe that most of them are worth reading and re-reading.

But, in addition to my blog pieces, I now write a monthly column for ConnectionsForWomen.com, and in January I'll be a twice-a-month columnist for Boomer-Living.com. I'm proud to be affiliated with both of these high-quality sites, and I want to be sure I have the time and energy to produce good and original material for them. As a result, I've decided to scale back my blog schedule to two per month.

I thank once again those of you who have been reading these articles over the past sixteen months, and I hope that my quality-over-quantity approach will ensure your loyalty in the coming year.