Although it may likely end up being a case of much ado over nothing, the recent marital split of actress Eva Longoria and professional basketball player Tony Parker seems to have grabbed media attention for this divorce aspect: alimony/spousal support.

Longoria filed for divorce first, in California, her filing allegedly stating that the couple executed a prenuptial agreement prior to marriage, yet asking for alimony from Parker. As is the case in Missouri, a claim for spousal support in California is under the broad discretion of the court, with a judge considering a number of factors in evaluating it. Those factors are quite similar to what is considered in Missouri. (For a discussion of alimony/spousal support in Missouri, please see our October 28 blog post).

Parker followed Longoria's lead by filing quickly thereafter in Bexar County, Texas, where he is a resident. Some media outlets have deemed the filing a strategic ploy by Parker to avoid paying alimony, since Texas does not recognize the concept. The state does, however, grant maintenance to a party in certain divorces and, like Missouri or California, a Texas court will look at various factors to determine whether support makes sense.

The big difference with Texas is that maintenance is flatly disallowed in a marriage that does not last at least 10 years, which is the case for Parker and Longoria. Therefore, it seems clear that, while Longoria may or may not be entitled to receive spousal support payments under California law, Texas law flatly disallows her from doing so.

Ultimately, the whole issue may be, as lawyers sometimes say, a red herring in the case, i.e., essentially irrelevant. Judges in both California and Texas view disparity in income and unequal earning potential as key factors in assessing support. Parker and Longoria have both had long-term and highly lucrative careers in their respective professions, with more of the same on the horizon.

Related Resource: www.latimes.com "Tony Parker files for divorce from Eva Longoria, Texas-style" November 22, 2010