Division of property is often a significant issue in a divorce. There are
many different factors that contribute to whether or not a given asset
will be subject to division in a divorce. Here in Arizona, one such thing
is whether or not the asset in question constitutes
community property. Community property is subject to division, while non-community property
is not. One of the things that affects whether or not a given asset is
community property is when the asset was obtained. Assets a person obtained
before a marriage are generally not considered community property.
Another thing that can impact whether or not a given asset will be subject
to division is if the asset is covered in a prenuptial agreement. Prenuptial
agreements are sometimes reached by couples before a marriage and the
agreements often contain terms regarding what will happen in relation
to certain assets in the event of a divorce. Generally, if an asset is
covered in a prenuptial agreement and the agreement is found to be valid
and enforceable, the disposition of the asset will be controlled by the
terms of the agreement rather than property division rules.
Recently, a celebrity divorce in which a prenuptial agreement played a
role was finalized. The divorce in question is the divorce of actor Paul
Wesley and actress Torrey DeVitto. Both Wesley and DeVitto have ties to
the show "The Vampire Diaries." Wesley is one of the shows leads
and DeVitto played a recurring role on the show.
In the divorce, the earnings of Wesley and DeVitto were kept separate rather
than being combined and divided under property division rules. This was
due to the terms of a prenuptial agreement the two had.
Source: TMZ, "'Vampire Diaries' Star Divorce Final -- He Vanted A Prenup ...
And It Paid Off!," Dec. 24, 2013