Yesterday Yolanda posted the above photo of her blowing out her birthday candles. Today, she filed for divorce from David Foster.
Yolanda is the person who is doing the official filing for divorce. In the filing, that TMZ reports occurred today, Yolanda claims they have only been separated for two months. She is requesting spousal support (alimony). This would be a non-story and it is as far as the manner in which TMZ is reporting it. However, it is an extremely telling event for those of us here at TamaraTattles.com. We saw this coming. It also seems to confirm some rumors that David put his foot down with regard to Yolanda’s constant insistence on nontraditional treatments for her “Chronic Lyme” in numerous other countries at tremendous expense with little to no health benefit. Yolanda’s insistence on having her implants removed in Ohio because there are no qualified explant surgeons in Beverly Hills may have been the final baffling moment. That said Dr. Feng is highly qualified in both traditional and nontraditional medicine.
The reason today’s filing is so interesting is that Yolanda is asking the court for spousal support. Yolanda and David have a prenup, just like Mohammed and Yolanda had. It is my understanding that Yolanda got the prenup with Mohammed thrown out during her divorce. She received multiple properties including the “ranch house” in Montecito and the “beach house” in Malibu and all of the furniture therein. She also received $10K per child per month until the child reached 18 years of age taxfree, a whopping $360,000 a year when they were all minors, plus and extra $10K for herself.
If the marriage ended two months ago (side eye I predicted this last year) that would conveniently stretch things out to on or about 11/11/15 making it a four year marriage. In California that would most likely entitle her to two years of alimony if there were no prenup. But there is. And in the prenup, I am going to guess that she waived alimony in exchange for bigger and better things.
But now, Yolanda has Lyme Brain. She has neurological issues that make it impossible for her to read or write or drive. Thankfully for Yolanda, a little thing comes into play in California that invalidates a no alimony clause in a prenup if the spouse is brain damaged.
For those of you getting more interested, here is the case law .Under California Family Code 1612(c) prenuptial agreements THE WAIVING OF SPOUSAL SUPPORT is not enforced where doing so would be “unconscionable.” There is a pre-existing case where a court ruled that leaving a spouse who was BRAIN DAMAGED ruled that leaving someone in such a state would be considered UNCONSCIONABLE. And thus the spouse, even though she agreed in the prenuptial to forgo spousal support, would then be entitled to it. Example of BRAIN DAMAGE may or my not include being unable to read, write or drive a car within the past three years of a four year marriage someone wanted to bail on , after year one. I USE THAT AS A HYPOTHETICAL. Please see here. “Courts cannot permit one spouse to discard his or her disabled spouse without providing spousal support, even when a spousal support waiver in a premarital agreement would permit the same, if it would be unconscionable to do so at the time enforcement of the waiver is sought.”
And so it begins. David Foster, despite his three or four previous divorces is about to realize that Yolanda is an expert at this. She knows precisely what she is doing and has an excellent track record with her experience of having prenuptial agreements ruled unenforceable. Good luck, David. We’ll be watching.