TMZ obtained a copy of the counter offer Hoppy filed yesterday in a New York court with his entire counter claim dueling with Bethany’s initial settlement requests.
Hoppy, who is a pharmaceutical executive, asked for primary custody of their 2 year-old daughter Bryn and wants Bethany to pay child support—Bethany made the same request.
In her filing, Bethany wanted Jason to pay for medical and dental insurance for herself and their daughter, so Jason made the same request in counter claim.
Jason asked Bethany to maintain life insurance on herself to protect Bryn in the event of her death. Bethany asked Jason to also maintain life insurance.
Jason wants to maintain sole possession of their 4 bedroom NYC apartment valued at $5 million where he will live with Bryn. And it should be no surprise to discover Bethany requested the same.
Adding to his dueling requests, Jason wants Bethany to pay for his attorney fees and accountant fees.
With both of the estranged spouses asking for exactly the same things, the couple has a protracted divorce battle ahead of them.
They have a prenuptial agreement that will protect Bethany’s assets she earned from her wildly successful Skinny Girl business, her New York Times bestsellers, and her daytime talk show, which are worth an estimated $100 million. They signed a prenuptial agreement protecting those assets.
Bethany Frankel became a household name when she was chosen to star in the Real Housewives of New York City in 2008. She met Hoppy that same year and married in May. Her next reality show Bethany Ever After focused on the first year of her marriage and the birth of Bryn. That propelled her to fame even though she decided not to return to the Real Housewives of New York City.
Why didn’t Bethany include child custody and property claims in the original prenuptial? These agreements can cover practically every issue that may arise in a divorce and keep the couple from being embroiled in an acrimonious divorce.
Can a prenuptial be challenged?
Prenuptials aren’t written in stone and can be challenged on a number of grounds but laws in each state vary so the divorcing parties should check the laws before they embark on this long and difficult process. There are a number of ways a prenuptial can be challenged.
One is unconscionability, which means the original agreement was so one-sided or unfair to one spouse that a judge may through it out. Prior to marriage, a spouse can convince the other to waive their rights to child custody, alimony or assets and some courts can view this as an unfair agreement.
An estranged spouse can also argue that they were coerced into signing the agreement once significant preparations for the wedding have been put in place. One spouse may tell the other the marriage will be cancelled if they don’t agree to the prenuptial.
While Jason has not even hinted that he would challenge their prenuptial, this divorce could get nasty and therefore unpredictable.