Harvey Weinstein Divorce Could Be Complicated

Harvey Weinstein. Movie mogul. Miramax co-founder. Accomplished Hollywood film producer. Academy award winner. Tony award winner. Activist. Father. Husband.

Accused sexual assailant.

In early October 2017, the New York Times and The New Yorker first published allegations that Weinstein sexual harassed and abused women, dating back to the 1990s. Since then, more than a hundred women have come forward with similar accusations — including Uma Thurman, Rose McGowan, Angelina Jolie, Ashley Judd and Gwyneth Paltrow.

And with the mounting accusations, Weinstein’s wife, fashion designer Georgina Chapman, has yet to file for divorce. So why hasn’t there been a Harvey Weinstein divorce?

Wait and See

Weistein has not faced a formal charge of sex crimes. This is in part because many of the accusations were for conduct that occurred decades ago. Most sex crimes in California have a 10-year statute of limitations. This means that Weinstein cannot be prosecuted for sex crimes that allegedly occurred more than 10 years ago. For those allegations against Weinstein falling within the statute of limitations, officers are still investigating the accusations, which may result in criminal charges.

Chapman may be waiting to see whether criminal charges will be filed against Weinstein. She can then use any criminal charges or convictions against Weinstein as leverage to secure beneficial divorce terms. She would also have a persuasive argument for sole custody of their children.

Complex Harvey Weinstein Divorce

Weinstein and Chapman are both individually millionaires. Their marital estate is substantial. Divorce requires the assignment, allocation, and eventual division of marital assets. California’s divorce law entitles the spouses to half of the marital assets. But because of the couple’s prenuptial agreement, the contract will superseded the general California law regarding the division of assets.

The couple also has residences located in, and legal ties to, multiple states. This means that each state’s unique divorce laws will come into play during the divorce proceedings. Before a Harvey Weinstein divorce can occur, Chapman will need to ensure her divorce attorneys can confidently navigate the complex divorce proceedings. Her team will need time to strategize which state laws are more beneficial.

Gathering Evidence

The prenuptial agreement may have an “infidelity” clause. This clause punishes the cheating spouse if the extramarital affair occurred during the marriage. To assert the infidelity clause, Chapman may need to gather evidence of Weinstein’s disloyalty during their marriage. The more evidence she has, the stronger her case will be to win her Harvey Weinstein divorce. But gathering this evidence will take time.

Already Negotiating Terms of Divorce

Just because no formal Harvey Weinstein divorce has been filed does not mean that Chapman is not aggressively pursuing divorce terms. Divorce is not something that you should rush, especially when it will also affect two young children. Chapman could also be developing her case privately rather than fighting it out publicly. if she has information that could further damage Weinstein’s reputation, she could use that in closed-door negotiations for better divorce terms.

What Happened?

In fact, Weinstein and Chapman arrived at a divorce settlement in January 2018, according to Page Six. The divorce is estimated to be worth between $15 and $20 million. In addition to receiving substantial spousal support, Chapman will also have primary custody of their children. Sources stated that the “painstaking settlement nearly collapsed,” which would have required a public divorce case.

The official divorce will soon be filed, which will end the Harvey Weinstein divorce.

To Learn More, Call Our Divorce Attorneys

For more information regarding the complexities of divorce, contact a seasoned divorce attorney with the Law Offices of Rick D. Banks at (555) 222-4891.