Paula Patton & Robin Thicke divorce, EXCLUSIVE INTERVIEW with family law attorney Bari Weinberger: will actress get half of 'Blurred Line' singer's success?

By Mereb Gebremariam | Mar 05, 2014 08:24 PM EST

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After Robin Thicke and Paula Patton announced their separation, Thicke desperately tried winning back his wife of almost nine years with flowers and songs.

Sources say that Patton was the one that wanted to officially split from Thicke and he is now trying to prevent her from filing divorce papers. But if they do eventually head to divorce court, Mstars' celebrity divorce and family law expert attorney, Bari Weinberger from Weinberger Law Group in New Jersey, recently answered some questions on what to expect since the pair did not have a prenup.

1. In cases where the couple is busy with their careers, who will most likely get full custody?

During a separation, it's common to have a temporary custody order put in place to decide where the child will live and how much time each parent will have with the child. In determining custody, the Courts always look at what is in the child's best interests. The child's age, relationship with each parent, and the parent's work schedule are among the factors the Courts look at determining custody. If one parent's job require extensive travel (i.e., a music tour or time spent on a movie set), this would likely be taken into consideration. 

2.Robin Thicke admitted in 2011,that he didn't have a prenup saying:

"I definitely didn't need one, cause my wife earned more than half of everything that I have, but I do believe in some relationships aren't equal financial relationships. It's hard to think now, if I met someone new that I would be able to go into the relationship without that and I'm a romantic and wouldn't plan on marrying someone that I didn't plan on being with forever or wanted her to have half of everything I have including my heart and my soul. I think it's up to the individual. I don't think I ever would."

Will everything be split in half, especially Robin's new earnings from recent success?

The couple is only separated right now, but in the event of a divorce, if the two do not have a prenuptial agreement, California's community property laws call for marital assets to be divided in a 50/50 split in most cases. 

3. Could Paula get alimony and still receive royalties from Robin's "Blurred Lines" smash hit after the divorce is final?

In the event of a divorce, the lesser earning spouse may decide to pursue alimony in addition to whatever settlement they will receive when marital assets are divided. When spousal support is decided, income is taken into consideration. If the lesser earning spouse receives royalties, this would typically count as income and would be factored into support calculations. 

4. If Paula proves Robin was cheating, could she get more than half?

If they do divorce, and papers are filed in California, adultery would not typically affect the terms of a divorce settlement. The only it would be if the couple has a prenuptial agreement with some kind of "no cheating" clause.

5. In California, are women most likely to get full custody of their children in divorce cases?

No, California is gender neutral when it comes to custody matters. This means that both parents are presumed to have equal rights to their children under the law. The bottom line for the Courts in all matters related to children is looking out for a child's best interests. This means coming up with a custody arrangement that does the best job at helping the child feel secure and cared for.

The ex-pair told People Magazine in a statement, "We will always love each other and be best friends, however, we have mutually decided to separate at this time."

The famous couple had a shaky year in 2013 - Thicke was faced with a cheating scandal after he was photographed snuggling with a mystery woman in a Paris nightclub.

The couple dated since they were 14 and married each other in 2005, having their son Julian Fuego in 2010.

© 2024 Mstars News, All rights reserved. Do not reproduce without permission.

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