Palm Beach County Divorce And Family Law Blog

There is much speculation and commentary going on about the recently filed divorce between Alex Rodriguez and his wife, Cynthia.  The following are some frequently asked questions and responses to some of the central issues in the case: 

Question 1: Why are the parties getting divorced in Florida instead of New York state?  

The parties maintain residences in both New York state and Florida.  Consequently, they may have been able to file in either jurisdiction.  Cynthia Rodriguez may have chosen Florida to file her divorce petition because of the parties postnuptial agreement.   In New York state, it is much more difficult to challenge and vacate a postnuptial or ante-nuptial agreement than it is in Florida.  Although challenging an ante-nuptial agreement in Florida is no “walk in the park”, it is certainly easier then doing so in New York state. 

Question 2: If Florida is a no-fault divorce state, then why is Cynthia Rodriguez talking about all the shortcomings and alleged bad actions/faults of her husband?

In every divorce case, there is a battle of imagery.  In the battle of imagery, one side is trying to paint themselves out as a victim of the bad actions of the other spouse.  In her divorce petition, Cynthia Rodriguez has stated clearly that the divorce is caused by the emotional abandonment of her and her children by Alex Rodriguez.  She also has clearly stated that the marriage has been irrevocably broken because of the husband’s extramarital affairs and other marital misconduct.  Although Florida is a no-fault divorce state, the issues of emotional and physical abandonment of the family would be relevant evidence in terms of custody and visitation issues.  In addition, in Florida if an affair diminished the assets of the marital estate or income of the parties during the marriage, then the evidence of adultery can be entered into evidence in order to recover dissipated assets or income.  On a more subtle basis, Cynthia Rodriguez is attempting to win the heart and mind of the judge who will be in charge of her case.  Judges consciously attempt to remain neutral.  However, judges are no different then any other human being in terms of subconscious influences.   

Question 3:  What is the likelihood that Cynthia Rodriguez will obtain alimony from her husband? 

Under Florida law, this is a short-term marriage with a presumption that she should not receive long-term alimony.  However, she is on the cusp of becoming a gray-area marriage where she may quality for permanent alimony payments.  Her divorce petition makes it clear that Alex Rodriguez provided her and their children with an extremely lavish lifestyle.  The ante-nuptial agreement also may limit the ability of Cynthia Rodriguez to obtain alimony.  Nevertheless, she has indicated clearly that A-Rod has provided a lavish lifestyle for her children.  Consequently, she may attempt to obtain a very generous award of child support in order to continue to fund indirectly some portion of her former lifestyle.

Question 4:   What impact will the ante-nuptial agreement have on the divorce? 

Currently, the public does not know the terms of the ante-nuptial agreement.  This ante-nuptial agreement was signed subsequent to the marriage between Alexander and Cynthia Rodriguez.  Generally, these agreements do not come into existence unless there is some restriction on alimony and/or division of the marital assets of the marital estate in the event that there is a divorce.  Presumably, the legal team for Cynthia Rodriguez (consisting of two attorneys from Texas and two attorneys from Florida) will be carefully analyzing the ante-nuptial agreement to establish if there is any way that they can attack and vacate it.  If they believe that they can do so, then they will move to strike down or vacate the ante-nuptial agreement.  If they’re unsuccessful in the attempt, then the ante-nuptial agreement may, in fact, limit if not eliminate, Cynthia Rodriguez’s claims for permanent alimony and equal distribution of the marital estate.

Question 5:   What can we expect to happen next?  The next major battle between the parties will be the establishment of temporary alimony for the wife and child support for the children.  Even if Cynthia Rodriguez signed a valid ante-nuptial agreement, the court still has the authority to provide her with temporary alimony while the divorce is pending.  The wife’s attorneys will be attempting to gain as generous an award as possible as a form of temporary relief.  The next battle may be the wife’s attack upon the ante-nuptial agreement. 

Question 6: Why is Cynthia Rodriguez airing the couple’s problems in the press? 

All individuals in a divorce case feel hurt and are upset.  If the allegations against her husband are true, then Cynthia Rodriguez has a legitimate claim to be emotionally hurt and distraught.  Celebrities have a tendency to want to wage their private battles in public and divorce is no exception to this rule.  Cynthia Rodriguez is attempting to have herself painted as the justly aggrieved wife and the victim of her husband’s emotional and physical abandonment and philandering.  What impact this campaign will have on the judge is unknown.  It is not supposed to have any impact.   But again, judges are human beings like all other individuals and can be subject to subconscious influences.

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This entry was posted on Wednesday, July 16th, 2008 at 9:55 am and is filed under Divorce. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.