Splitsville News

If you haven’t heard by now, Robyn Moore has filed for divorce from her very famous husband, Mel Gibson.  US News is reporting the story with the headline “Mel Gibson’s Divorce:  Priciest in Hollywood History”.  Gibson’s wealth is estimated at $900 million, which gives the divorce case the dubious honor of being the highest asset celebrity divorce.  (You’ve got to be pretty rich person when your estate includes an entire island in Fiji.)

Moore and Gibson are divorcing after 28 years of marriage.  Looking back at Gibson’s filmography as an actor, his career would have been taking off just as the couple married.  News organizations are reporting that there was no pre-nuptial agreement for the marriage, which seems consistent with a long-term first marriage for someone whose celebrity “star” rose during the marriage.

News stories are reporting that Ms. Moore could end up with nearly $500 million, or half of Gibson’s fortune.  California is a community property state, and its law uses the term “equally” to describe what a court must do when dividing the community estate.  So, from this perspective, the reports that Gibson’s “fortune” is nearly $1 billion fails to acknowledge that the marriage was an economic partnership.  While Mr. Gibson may have done the work that resulted in the fortune, the Fijian island, Costa Rican ranch and millions in other assets are as much his wife’s property as it is his.

[As a post-script, I want to be clear that California's approach is different than Washington's.  Washington law uses the phrase "just and equitable".  Just and equitable could be 50/50, or could be 60/40, or could even be 90/10, depending on what relevant factors are at work for a particular couple.]