Wesley and DeVitto, who also briefly starred on the Vampire Diaries, signed a prenuptial agreement before they married in New York back in April 2011, which keeps all of their earnings separate, and has been a relief to Wesley throughout his marital breakdown because he made a great more than DeVitto.
Wesley is now reportedly claiming all the money fdrom their joint bank account.
The prenuptial agreement also states that each of them is to receive what they fronted for the purchase of their home, with Wesley taking back $730,593.00 and Torrey receiving a meager $10,000.00. With regard to their vehicles, Wesley is keeping the Prius, Triumph Bonneville chopper and Audi Q5, while DeVitto gets their Audi A4. They pair did not have children together.
In Ontario, after the breakdown of a marriage, either spouse may seek an equalization payment. This is accomplished through equalization of property under the Family Law Act. Pursuant to this statute, property includes an interest, present or future, vested or contingent, in real or personal property.
If Wesley and DeVitto were subject to Ontario law, they would have prepared for the unequal division of property through a marriage contract, which is Ontario's term for a prenuptial agreement.
However, short-term marriages do not require a marriage contract to ensure that one spouse's financial success is not taken advantage of after a marital breakdown. A spouse may seek a court order reducing equalization on the basis that an equalization payment would be unconscionable. The unconscionable standard is most often relied upon in the case of relationships where the marriage and pre-marriage cohabitation is less than five years combined.