Albert and Mary Gore - commonly known as Al and Tipper - separated in early June, and the former high school sweethearts have announced that they will divorce after 40 years of marriage. Among the assets that may be divided are his Senate pension as well as earnings from the lecture circuit, his advisory job at Google and board position at Apple, and his interests in an investment company and Current TV. And then there is the real estate: sources report that the couple owns approximately $15 million in real estate. In all, the Gores' net worth could approach $100 million.
With Tipper by his side every step of the way from their senior prom through his vice presidency, from his unsuccessful bid for the presidency to his reemergence as an activist and lecturer, the two have a lot to consider in deciding where to file. The fact that the couple only recently purchased an $8.8 million property in California has some speculating whether the divorce will be filed in California or Tennessee. While the couple could proceed with a no-fault divorce in either state, the laws governing the division of property between spouses differ between the two jurisdictions. Provided that they did not enter into a premarital or postnuptial agreement, deciding where to file may impact how their assets are divided.
Equal Versus Equitable
California is a community property state. This means that generally, all property acquired by either spouse during the marriage is community property. The statute requires that a spouse must have been domiciled in California at the time the property was acquired. Community property is divided equally between the spouses.
On the other hand, Tennessee is an equitable distribution state. Property acquired by either or both spouses during the marriage is considered marital property, which is divided equitably between the parties based on relevant factors, including:
- How long the couple was married
- The age, health, financial stability and earning capacity of each spouse
- Either spouse's contribution to the education, training or increased earning power of the other spouse
- The contribution or dissipation by either party of marital and separate property, including contributions as a wage earner, homemaker or parent
- The value of the separate property of each spouse
Equitable does not necessarily mean equal and, depending on the specific circumstances, one party may be entitled to a larger share of the marital property.
Separate property is generally not included in the equitable division as long as the property has not been commingled, and it includes:
- Property owned by one spouse before the couple got married, and any interest thereon
- Property bought with or exchanged for property acquired before the marriage
- Property received by gift, bequest, devise or descent to one spouse
- Jury or court awards and crime victim compensation awards
- Property acquired by one spouse after an order of legal separation has been issued in which the court has made a final distribution of property
In order for each spouse to walk away with half of all the wealth and property accumulated during the marriage under the California community property laws, the Gores would need to show that they were domiciled in California at the time the assets were acquired. On the other hand, a Tennessee court could favorably weigh Tipper's contribution to the marriage and the success of her husband in determining how much property she should keep.
Support and Alimony
Both California and Tennessee courts follow state guidelines in determining child support awards, taking into consideration the income and earning capacity of each parent. As the Gore children are all adults, child support laws should not factor into a decision about where to file for divorce.
In determining whether Ms. Gore is entitled to an award of spousal support (alimony), a judge in either state would consider factors such as:
- How long the couple has been married
- The age and health of each spouse
- The standard of living during the marriage
- The employability of each spouse
- Contributions by either spouse to the marriage, whether through regular employment, as a homemaker, making investments or otherwise
- The needs of the custodial parent, if there are minor children involved
The Gores' marriage has included both political prominence and a profitable career, with one spouse playing a much less obvious role. In determining whether and how much maintenance she should receive, the court will look carefully at her contributions to the marriage as a homemaker and supporter of her husband, as well as her ability to find gainful employment to support herself.
Individuals contemplating divorce should speak to an experienced family law attorney for counsel on how to protect their assets. Every step has important implications, from the initial decision about where to file through to the identification of all potentially divisible property and determining child support or alimony. Especially in cases involving pension funds, multiple properties, securities, business ownership or other complex assets, a knowledgeable lawyer can help you understand your legal rights and options.
