MovieChat Forums > Intolerable Cruelty (2003) Discussion > (spoiler) Laying down 'the law' here...

(spoiler) Laying down 'the law' here...

posted 16 years ago by thirstyopossum
1 reply | jump to latest

I don't often post comments, but I'm astonished by the overwhelming amount of posts regarding the legalities of tearing up pre-nups and annulments, etc. on this board! So I am hoping to clear up any concerns of this happening "in real life."

Miles and Marilyn are both domiciled in California - they reside there with no present intention of leaving the state. So, regardless of where they get married, CA law will apply to their marriage.

CA is one of the minority states that uses Community Property to dispense the marital assets, MEANING:
- The wealth either party had BEFORE the marriage stays in that person's name, period.
- The wealth EARNED (by either party) DURING the marriage will be divided, 50/50.

Given the short duration of the marriage (we don't really know - the morning after Marilyn says something like "after a reasonable time I intend to seek a divorce") Marilyn would get very little - just half of Miles' earnings during their marriage. (Note: there's a possibility she could make an alimony request but with such a short marriage and her financial resources it's incredibly unlikely).

Additionally - Rex's death doesn't change the situation. One of the exceptions to the community property rules is that a bequest/gift to a married person goes ONLY to that person and the spouse cannot get any part of it in a divorce. So Rex's will gives his wealth to Marilyn, but she could still get half of Miles' earnings during the marriage and Miles couldn't get any of Rex's bequest to Marilyn.

That said, I adore this movie, I think it's absolutely brilliant and I love all the legal angles it presents. I don't intend to spoil the fun of the movie with the legal truth. I just wanted to clear up some of the guessing going on with these posts. I think it surprises people to hear it's not so easy to be a gold digger in a community property state like CA.

Lastly - disclosure - I'm not a family law attorney, just a law student who took CA Family Law and Community Property last semester and is procrastinating studying for finals. Pity me.

"A hot dog is singing. You need quiet while a hot dog is singing?"

[–] wsmith-912-823845 14 years ago

I am a California attorney, and I can confirm that the above is mostly right, with two important caveats:

1. Marilyn would not have inherited anything from Rex, even if Rex failed to update his will before he died. Under California Probate Code § 6122(a)(1), the dissolution of a marriage automatically revokes any disposition or appointment of property made by the will to the former spouse.

2. Under California community property laws, Marilyn would have been entitled to (if anything) 50% of Miles' earnings between the date of marriage and the date of SEPARATION -- not the date of DIVORCE. (California Family Code § 771(a)). Thus, all Miles has to do to cut off Marilyn's right to 50% of his earnings is move out. As a hotshot California family law attorney, he would know this. No matter when the divorce is finalized, Marilyn would, at most, be entitled to 1/2 of one day of Miles' earnings.

Frankly, as much fun as it is to point out all the legal errors in this movie, I don't think this movie really held itself out as a realistic depiction of family law in California. It's kind of like an airline pilot watching Airplane and pointing out how that's not really how planes are flown, or a Submarine officer watching Down Periscope and pointing out all the ways that movie does not accurately represent how submarines are really run.