Divorce

Here’s what’s at stake in Sofia Vergara and Joe Manganiello’s divorce

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Sofia Vergara And Joe ManganielloThe divorce should remain amicable – for as long as it is real blood Legal experts say the star is not trying to challenge her prenup.

Last month, Fans were surprised to learn Manganiello, 46, and the Emmy-nominated actress, 51, were divorcing after more than seven years of marriage. Both admitted they had prenuptials in court files. Vergara is asking the court to protect her assets by honoring that agreement, which should come as no surprise. in 2020, Modern Family The star is the highest paid actress in Hollywood, according to the Forbesand raised $43 million.

Reports claim that Vergara is seeking to keep all of her earnings from before her marriage to Manganiello, as well as any of her private income during their marriage. The amount must be high. after Modern Family 2020 is over, and the actress has become a judge America’s Got Talent. Aside from the money, Vergara also requested that items such as jewelry, artwork and “other personal items” remain in her possession, according to the British Daily Mail. the people.

“Sofia has told Joe that she expects him to follow the terms of the prenuptial agreement. This is a common request in the early stages of a divorce,” says celebrity divorce attorney. Chris MelcherWalzer Melcher & Yoda partner, tells Yahoo Entertainment.

Manganiello has the right to contest the prenuptial – eg Kevin Costner’s estranged wife, Kristen He does — and Vergara will have to prove under California law that he signed on to her voluntarily.

Family lawyer Catherine Millerof Miller Law Group, notes that Vergara’s lawsuit is “fairly straightforward” regarding celebrity divorces.

“Because there is a prenuptial agreement, because the spouses do not have children, and so long as neither of them contests the validity of the prenuptial agreement, the divorce negotiations should only include issues that were not resolved by the prenuptial agreement itself…such as a plan Bubbles Nursery,” he explains. “Pet care is an evolving legal field and the guidelines are gray.”

Bubbles is a 10-year-old Chihuahua-Pomeranian mixed dog, whom Vergara adopted in 2021. Bubbles frequently appeared on the former couple’s social media accounts. but, reports Allegedly, the actress has already agreed to be awarded custody of Manganiello.

As for whether Manganiello can ask for spousal support, he is legally entitled to do so, but that would likely be addressed in the prenuptial agreement he signed before their 2015 wedding.

Miller posits that “Spousal support or alimony is an issue that is almost always taken up by celebrities. Joe most likely waived any spousal support claim at some point before the marriage.” “If he does not waive spousal support, he will not be able to file a successful claim for spousal support unless he is unable to support himself with his own income and/or assets.”

“Courts are unlikely to apply an express waiver or strict spousal support limitation to a prenuptial agreement,” Melcher explains. California law allows a judge to void a waiver of spousal support and a prenuptial agreement if it is unreasonable for the spouse to receive no support. Because the couple have only been married for seven years, Joe typically receives support for half of the marriage or 3.5 years. “It is difficult for Joe to show that waiving spousal support is unreasonable given their relatively short marriage. Gender should not make a difference in assessing the need for spousal support, but the men found it difficult to ask for spousal support.”

The actors didn’t have children during their 10 years together, so Melcher and Miller don’t expect this divorce to turn out badly. It is rumored that Manganiello’s desire to have children played a role in their breakup. (Vergara is already a mother to a 31-year-old son, Manolo, from her previous marriage.)

Melcher concludes, “There is no reason why this divorce should be controversial. They weren’t married long and had no children together. They simply split up and they should be able to work this out amicably.”

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