Bethenny Comes Out Ahead In Spilt Appeals Court Ruling

RHOBH Bethenny

 

Bethenny Frankel and Jason Hoppy have been divorcing for nearly twice as long as the marriage lasted.  Despite having a prenuptial agreement that stated both parties are fully capable of being self supporting, agree to waive any and all claims for spousal support and/or maintenance both now and in the future, Jason asked the courts for, and received over $12,000 a month as temporary maintenance.  Um how long is temporary maintenance supposed to last? Bethenny filed for divorce in January 2012!  He also gets $10,000 in child support a month as well.  I mean he has a job, right? And I believe he is still squatting in their condo!

Bethenny won her appeal today and two of the three judges agreed to reverse the first judges decision that Bethenny must pay temporary maintenance to Jason.  That’s $144,00o dollars a year that Bethenny can stop doling out to Jason.  The thought of Jason getting $264,000 a year TAX FREE from Bethenny is just insane to me.  The one dissenting judge said that he didn’t think the language of the prenup was specific enough because it didn’t address temporary maintenance specifically.  Seriously? I think the intent was clear when the both agreed that they are fully capable of being self supporting.  I’m not clear on whether or not Jason will be responsible for paying back the support she  has already paid.

RHONY bethenny new hair

 

The other matter before the court concerned the $5 million dollar condo that Bethenny paid for. This is a big legal mess. Bethenny paid for the condo herself. She designed it, she oversaw the work, it was her baby. Normally she would be considered the settlor; however, there are two major issues.  First,  Jason claims that they agreed that the apartment would be joint property and that he did contribute financially to the maintenance and renovation of the apartment.  Secondly, the house was purchase by a trust in which both Jason and Bethenny were each beneficiaries of the trust.  BUT, there is an issue that has invalidated the trust itself.  That issue involves the “nature of the signatures” on the trust.  Bethenny’s attorneys want the courts to determine if  Jason was “involved in any fraud in the preparation and execution of the trust agreement.” Reading between the lines it sounds like when Jason was acting as Bethenny’s business manager he signed the trust agreement for both of them.  That may not be as illegal as it sounds if he had some sort of power of attorney to sign documents on Bethenny’s behalf.  It’s likely he did at least for the period where he was acting as her manager. If he didn’t he could be in big trouble.

So for now, as odd as it seems, with the trust being invalidated, technically no one owns the condo right now. They now have to have a hearing in civil court to work out who gets the condo.  My question is, why didn’t Bethenny just buy out Jason for a couple million dollars and be done with it?  Paying for multiple divorce attorneys for FOUR YEARS likely cost her as much if not more than that in attorney’s fees. Maybe she tried and he wouldn’t take it.

Meanwhile, they are still technically married.

44 Comments

Filed under Bethenny Frankel, Entertainment News, Real Housewives of New York, RHONY

44 responses to “Bethenny Comes Out Ahead In Spilt Appeals Court Ruling

  1. Miguel

    Jason appears pathetic 2 me – trying 2 negate a prenuptial & sponging off of Bethenny! I hope he has 2 repay the $264K & gets just his share in the condo, if any; as we watched her pour her sweat, blood & tears in2 this project!

    • T D

      Me too. Although Bethenny isn’t my cup of tea lazy boy should man up like skinny girl. Somebody’s bringin’ home bacon. The little piggie, livin’ off the fat of the land, goes wee, wee, wee all the way to the bank. Has the nutsack implant been invented yet?

  2. JoJoFLL

    If the situation was reversed and Jason was a rich man and Bethany was in the background, no one would be belittling her for getting spousal support.

    And I actually had to pay my ex husband alimony.

    • SwimMom

      I don’t have an issue with alimony in either direction. However, their prenup sounds pretty clear- both self-supporting adults!

      I have 2 kids and don’t spend $10,000/month to care for them. Why, in heaven’s name, would he need that much for Brynn???

    • Matzah60

      Well said, JoJoFLL.

      I doubt the child support will be altered. Brynne probably attends private school which in NY is close to the cost of attending a private college per year.

      Temporary spousal support is called pendente lite and applies when the divorce is pending and is given to the spouse with the lower the ncomments. The same amount generally rolls over to regular spousal support whether it be permanent or rehabilitative support for a set amount of years.

      Child support is non taxable, but spousal support IS taxable and treated as ordinary income. As for the condo, I am surprised that a judge didn’t for the sale of the property and have them split the proceeds.

      I actually think they are both being ridiculous. No one is a winner, financially or emotionally in a protracted divorce. Often, the lawyers are equally to blame in drawing out the length and expense of the proceedings. Like it or not, Bethanny and Jason will always remain the mother and father to Brynne and Brynne who is now 6 or 7 is going to suffer from this very public and hate filled divorce. Shame on both Jason and Bethanny.

      • Matzah60

        Sorry for all the typos. I am typing on my iPad and I don’t know why there are so many grammatical mistakes and incoherent sentences. Sorry.

      • Dracla Dunning

        Well stated, Matzah. I know for a fact that alimony is taxed in the state I reside but not child support.
        My feeling was that Bethanny married Jason in part for his business acumen. She was stuck and he seemed very astute in directing her business which, in the end, proved to be quite profitable for her. There were several examples of his direction…one was the shelving and display of her product in retail stores. With her income his alimony is pocket change. If she had not had Jason during that time what would his advice cost if she had hired someone to do what he did? If I remember correctly, he was opposed to working for her but eventually relented. The alimony is well deserved.
        The behavior of both of these adults has been anything but attractive and certainly does not set a good example for their daughter. She may be young but young minds are a sponge.

      • Psylocke

        Your comment is grossly exaggerated imo. Bethenny’s business started to take off BECAUSE of her exposure on the show – Jason was never explicitly shown having some major impact on Skinny Girl.

        I mean, you can honestly say you think it’s uncommon for people to get casual business advice from friends and loved ones? Making second-hand comments on product displays is so minimal compared to the unfathomable scope of logistics that goes into making a multi MULTI million dollar company.

      • tamaratattles

        You don’t remember Bethenny basically forcing him to quit his job and work for her? THAT is the problem. He left his career to work on hers.

  3. Elizabeth

    I think there is a lot more to Jason than meets the eye(obviously)…..I think maybe nice on camera and in front of people and then maybe not so nice when no one is around….What man acts like this….when clearly before all our eyes she became a success….He looks so foolish…

    • Jim

      He didn’t seem so nice on the show. He was always kind of a dick.

      • Erica

        THANK YOU. Even when they were “happily ever after” I thought he was passive aggressively judgemental towards her. She took the blame for a lot of their issues – and they were at least equally on him. (I really started to be turned off by him on that birthday episode. She told him that her birthday was hard for her and that she didn’t want a party. He threw one anyway saying she should want one because it was what he would like – and when she started crying, she apologized to him! He should have been kissing her ass and begging for forgiveness!!!!!)

      • Deb in SF

        That’s a very good point, Erica! He was abusive; she reverted to little girl behavior as a result. It’s definitely better to be on your own than to be in a relationship like that.

  4. loriflack

    Um, yeah…when I heard that when the family was forced to live in the condo together, Jason and his father made it a point to NEVER flush the toilet.
    Real nice Grandpa material ~

  5. TheArtistFormerlyKnownAsYoya

    Is it true Jason’s mother was the notary on the trust?

    • 80sChild

      I remember reading this too. Jason’s mother is licensed as a notary in PA and not NY and therefore wasn’t authorized to notarized the Trust document. This could be why the Trust may be invalid.

  6. On their show, Bethenny tried everything to include Jason in the business and renovations and he acted like a surly teenager and refused to participate. I would feel the same way about the situation if he was a woman. I don’t want Yolanda to get a cent from David Foster.

  7. beth

    I used to like Jason … now? not so much

  8. Jen

    I have always felt like he was entitled to ‘something’ for his part in her success, and yes, he probably is entitled to either have Bethenny pay for or provide certain expenses that become necessary due to her fame – apartment in a secure building, private school, possibly driver and some security assistance, at least for the duration of Bryn’s childhood. But he has dragged this out so long, he should have his payment reduced by every cent he has wasted on attorneys, and BS motions and filings. And he certainly isn’t entitled to half of anything. This got so messy, and all because neither of them will just grow the eff up. That poor child doesn’t deserve any of this.

  9. DarkThoughts

    Hell hath no fury like a reality T.V. ex-husband scorned.

  10. Jason is a lying, conniving gold digger who’s trying to make the split as difficult as possible. I had trouble believing that his parents-who seemed so nice-would have raised such a jerk, but the not flushing the toilet story proves they weren’t the people they looked to be either. Bethenny is well rid of the lot of them.

  11. Rose

    She really should have settled. Wonder how much she’s spent in legal fees? I liked Jason but he should have made out for putting up with her neurotic behavior.

    • Deb in SF

      I would say that he was the precipitator of a lot of her neurotic behavior. I think we’re almost all neurotic to different degrees. I think she would have settled, but I’m sure I heard her say somewhere that he refused to move out of the condo. She had no choice. TT, do you recall that?

  12. Calipatti

    Is it correct they were only married two years, so Jason is really cashing in.
    He probably has not helped his image in NYC with how he has acted with Bethenny either.
    There might be a group that dislikes Bethenny but most New Yorkers in their age/income seem like go getters.
    Guess I am just wondering how he is being accepted on the social scene here.

  13. Well, a lot of lawyers are getting richer.

  14. Bossy

    This happens to men all the time, I don’t why everyone is so surprised..

  15. CoBe

    I”m thinking Hoppy has neurological Lyme, so he should be supported for the rest of his life in the manner to which he’s become accustomed. For goodness’ sake, I can’t even remember the last time I saw him wearing makeup!

  16. Cheychey

    I think they are both acting super childish. The people truly getting rich off this divorce seems to be the lawyers. I don’t think either of them care that much about the condo other than not letting the other person get it because of power struggle. You know it has to have a lot of bad memories. If it were me I would give him the stupid condo break him off a chunk of money just to be done with him. It would be worth it to get rid of him I know it’s a hard pill to swallow but then your done and can move on.

  17. KatCall

    Regardless of what the Prenup stated, Bethenny is the one who filed for divorce after notifying Jason via a letter that she wanted one AND her terms in the filing of the divorce were ‘sole child custody, alimony, child support, medical expenses and on and on and so on. So she’s the one that defied their Prenup to begin with. I also believe that Ms. Bethenny figured she’d hire some attorneys, file for divorce and it would all be over in a nano second. Never did she ever think that Jason may fight back. It’s true, this has gone on far too long for what it was. Her selfishness is coming back to bite her.

    • Shae

      How is it selfish for her to want to hold him to the pre-nup he willingly signed?

      Isn’t it selfish of him to change his mind AFTER the fact, when the marriage goes bust, and decide he wants what he wants?

    • CoBe

      Agreed KatCall.

      Bethenny is abusive. It’s good to see someone stand up to her.

  18. I didn’t watch whatever the Bethenney spin off was, so my opinion based on RHoNY and blogs/no strong feelings on a “side” here….basically I condemn both of them for not reaching an adult and fair agreement for the sake of their daughter.

    • Matzah60

      Yes! Don’t parents realize this will come back and bite them in the ass. Years from now when Brynne is older, she may very well distance herself from both parents. I am sure that both are guilty of bad mouthing the other parent to Brynne. Sadly, parents use their own children to get back at their spouse in a divorce. I think that both of them have displayed just how selfish and self-serving they are because they have put their needs ahead of Brynne’s sense of security.

  19. Did anyone see Wendy Williams today? She really hates bethany.

  20. Josie

    The gossip is she tried to settle but he wouldnt take a settlement.

    Unless TT says it, I dont believe it so….take it with a grain of salt. Supposedly, Carol Hoppy was the one who notarized the trust. This is problem due to it being a conflict of interest since the notary is supposed to be impartial.

    She is also a notary in NJ but not in NY where the trust was signed. Hoppy signed for both he and Bethenney. Bethanny thought the trust was only for privacy reasons and had nothing to do with ownership. Bethenney is claiming fraud. By “privacy” I think it was to protect from lawsuits.

    I hope I havent broken any rules….If I have pls bannish my post but dont banish me!

    • Dracla Dunning

      Where was Bethanny’s trust attorney and his advice throughout all of this? Something sounds fishy. Did an attorney sell her down the river or did she ignore legal direction? I know this was before the sale of Skinny Girl and her mega millions but she would have had some legal advice to protect her present and future earnings. For crying out loud every other person in NYC is an attorney and with her connections she had to have had legal guidance.

  21. Ari

    The trust was not signed in New York nor was it notarized by a NY. Jason’s mother, Carol Hoppy, was the notary And she is registered in PA. The Trust was not executed in PA. The trust is null and void.

    • Josie

      Thanks, Ari. Was it notarized by his mother? Is it null and void because she was not allowed to notarize it in the state where it was notarized?

      If null and void then it should be Bethenneys since she paid for it. No? Is Jason contesting she purchased it? Crazy case….

  22. Tinalee971

    How is this man NOT completely embarrassed with himself! Dragging this out in court for 4 years! Refusing to move out of the Home Bethany paid for! Wanting spousal and child support? Be a man! You have your own money, use it! She clearly pissed him off 4 years ago!

  23. Undine

    I don’t like how Jason seems to think he’s entitled to big money. He helped some but they were together for only a few years. Get on with your life, dude! I was never a fan of the way he talked to Bethenny and he was extremely passive aggressive on camera. He was likely even more of a doozy, behind closed doors. He got a beautiful daughter out of a relationship that didn’t work out. They need to straighten out a fair custody arrangement and Jason needs to get the hell on. If they had been together 20 years I would be more inclined towards his position, but he needs to get the hell on–Bethenny is not the golden ticket. And that goes for Yolanda with David Foster too.

  24. margroc

    Could it be that Jason feels used. I always thought she would dump him after she had the child. A lot of others did too. I can see that Jason could be angry because he gave up his life to help Beth with her business (against his better judgement), and what a lot of people said, about her using him, appeared to be true. JMO

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