It's official folks...after months of what seemed to be an on-again-off-again separation, Khloe Kardashian has officially filed for Divorce from husband Lamar Odom.
We originally blogged about the couple's separation in August when Lamar's drug problem was initially reported.
Over the last few months, however, it seemed that the couple may reconcile and resolve their differences. Khloe admitted to the press that the spouses were experiencing problems as a result of Lamar's serious addiction to crack.I It seemed as though Khloe was going to stick by Lamar in the face of it all.
Now, TMZ is reporting that Khloe has filed for divorce, citing irreconcilable differences as the reason for the separation. As reported in the link above, there is little to fight over as a result of a hard-fought, ironclad prenuptial agreement that lays out specifically how assets will be divided upon separation. In Canada, prenups are called marriage contracts.
According to TMZ, the last straw for Khloe was the freestyle rap video Lamar recently released on the internet, in which he boasts about cheating on her.
While it is unclear whether the couple's prenuptial agreement deals with spousal support, it is unlikely that either will have much of a claim on the other.
In Ontario, s.15.2 of the Divorce Act dictates that the length the parties cohabited will factor into a spouse's claim for spousal support. While other factors such as the functions performed by each spouse during cohabitation and any agreement between the parties will play a role in determining each party's obligation, length of cohabitation is particularly relevant when a marriage is short, such as that of Khloe and Lamar.
When determining spousal support for short marriages, a court will generally assume that a spouse can more easily attain self-sufficiency (as they were presumably supporting themselves prior to the marriage). Moreover, a spouse from a short marriage generally will not be entitled to support on a compensatory basis.
On occasion, however, the courts have awarded lengthy support where the children are young on the date of separation, the support recipient is elderly, or the parties' roles were such that a spousal support award was justified. Since the adoption of the Spousal Support Advisory Guidelines, spousal support awards have become more consistent.