Kim and Kris, "Keeping Up" No Longer...
After just 72 days of marriage, reality TV super star Kim Kardashian, and her equally famous, basketball pro paramour, Kris Humphries, have decided to end their whirlwind romance. So much for the trip to Bora Bora and the 16.5 carat diamond engagement ring.
Kim Kardashian filed for divorce citing "irreconcilable differences," listing the date of separation as October 31, 2011. In addition, Kim Kardashian revealed, according to an article on People.com, that prior to their nuptials, the couple signed a pre-nuptial agreement and that she will not be making any spousal support payments to Kris Humphries.
However, what if a pre-nuptial agreement did not exist and the couple's property was subject to division and equalization? Moreover, what if the couple resided in Ontario? Are there any laws currently in place that could prohibit Kris Humphries from sharing in the Kardashian Empire?
In Ontario, when one speaks of division of property, Part I of the Family Law Act is looked to and applied using the requisite and necessary definitions and calculations that must be used in order to arrive at a determination of the parties' respective net family properties and subsequent equalization payments owing. Generally, an equalization payment is one-half the difference of the parties' net family properties which is then given to the party with the lower net family property.
For ease of reference, "net family property" is defined as the value of all the property that a spouse owns on the date of separation, after deducting the spouse's debts and other liabilities, and the value of property, other than a matrimonial home that the spouse owned on the date of the marriage, after deducting the spouse's debts and other liabilities, other than debts or liabilities related directly to the acquisition or significant improvement of a matrimonial home, calculated as of the date of the marriage.
However, there are certain situations where an unequal division of property is warranted. In order to determine whether or not she qualifies for this, and if she were residing in Ontario, Kim Kardashian would need to look to s. 5(6) of the Family Law Act, which gives the court the discretion to award an amount that is more or less than half the difference between the net family properties of the spouses if equalizing would be unconscionable to one of them. How would the court go about making such a determination? They would need to look at the list of factors found under s. 5(6), and in this case, they would look more specifically at s.5(6)(e) which states that they would consider "the fact that the amount a spouse would otherwise receive is disproportionately large in relation to a period of cohabitation that is less than five (5) years."
Since Kim's and Kris' marriage lasted only 72 days, it is possible to assume that if they were Ontario residents, DASH Boutique, Kim Kardashian's luxurious home in Calabasas, CA, her designer bags, jewels and shoes, etc. could be shielded from equalization, much to the detriment of Kris Humphries who is unemployed and sidelined due to the long-lasting basketball strike going on right now in the NBA.