Cynthia Rodriquez is trying to hit her Yankee slugger for more money, despite their pre-nup. But Alex Rodruiquez refuses to play that game. In fact, he just tossed out a curve ball.
Responding to Cynthia’s July 7th divorce filing, A-Rod’s side is saying that the existing pre-nuptial agreement should stand.
Because Florida is a no-fault divorce state, his lawyers say, he doesn’t have to say why the marriage is “irretrievably broken.”
And he’s not going to.
But he did say that if Cynthia pursues her lawsuit, she will suffer financial consequences.
In the documents, he says that, If he has to go to court to fight her challenge to the pre-nup and wins, he will be entitled to recover from his wife any “reasonable attorney’s fees and costs” he incurs.
He incurs, folks. This is a smart strategy from his lawyer, Adam Kluger.
As celebrity divorce attorney Raul Felder explains, trying to break a pre-nup is a win-win situation for the less wealthy party.
“A pre-nup is the only lawsuit that, if you lose, you still get what you were entitled to in the first place,” he says.
But the twist in this case is that Cynthia would have to pay Rodriguez’s legal bills. If her husband made less money, perhaps that would be an incentive to accept the terms and work out an amicable settlement. But A-Rod is a star ballplayer with a reported $275 million bank account.
Sometimes stars end up paying their spouses more than their pre-nup allots, as an effort of goodwill and to diminish negative publicity.
And sometimes there are loopholes.
“Unfortunately the word ironclad is a bit of a myth,” says divorce lawyer Clifford M. Solomon, partner of Solomon Tanenbaum in Westchester. “Anyone can challenge a pre-nup. And it has worked in some cases. Someone will challenge that the person didn't reveal income or assets in the pre-nup and then the agreement is revisited to their advantage.”
But these days most divorce attorneys are savvy to these loopholes and create pre-nups that will stand up in court.
In fact, judges are upholding them all across the country.
“They are rarely broken,” said Felder. “Trying to break them only makes the divorce attorneys wealthier.”
It is not known how much money Cynthia gets in her pre-nup, but according to the Daily News, which read the documents that were filed today in Miami-Dade Circuit Court, A-Rod said he will continue paying “reasonable and bona fide expenses” for daughters Natasha, 3, and Ella, 3 months.
She also will most likely get their $12 million home.
The Daily News report also revealed that, in the documents, A-Rod complimented his wife as a loving and nurturing mother. “Husband is confident that he and wife will be able to continue to work with one another to co-parent their children together and that they will be able to agree upon a time-sharing schedule ... without the need for court intervention,” it said.
Right now the ball goes back to Cynthia. She will have to decide how many innings she wants to play out her divorce.
Fortunately, in both filings, each said that they wanted the divorce to be amicable for the benefit of their children.
That would be a home run.