by Michael F. Callahan

The “law of unintended consequences” (also called the “law of unforeseen consequences”) states that any purposeful action will produce some unanticipated or unintended consequences. – Wikipedia

Here are some of the consquences if a motion for stay is granted in a divorce appeal:

You’re still married so you cannot remarry.

If you die, your spouse is your widow or widower and has important rights with respect to your pension, 401(k) account, intestate estate (if you have no Will) and the right to elect against your Will if you have disinherited him or her.  In Virginia your spouse is entitled to a share of your augmented estate which includes non-probate assets and certain property transferred during your lifetime.

If you and your spouse own the former marital residence (or other real property) as tenants by the entirety and the divorce judgment is stayed then you still own it in that peculiar old common law tenancy.  If you die, he or she takes the whole property, you cannot leave your interest in the home to the kids, and you cannot borrow against or assign you interest.

In Maryland and DC you’re still earning marital property every day when you go to work.  If the case is remanded for a new hearing your further accumulation of money, property, pension credits, and other assets may be on the table for equitable distribution at that future trial.

When you seek to obtain a stay of a judgment of divorce, it just may be a case of “be careful what you wish for”.

It all started over dinner at the Isla Del Sol yachting club in St. Petersburg, Florida, according to John Barry at TampaBay.Com. Bob Luzenberg was having dinner with his second wife. Marlene Forand was their waiter. Bob came back a few nights later without the wife, said he was soon to be divorced. He told her he was an inventor with patents. Marlene was a licensed practical nurse, but she said if he could make something, she could market it. Bob Luzenberg and Marlene Forand got married in 1984.

Their businesses together prospered, but their marriage did not. Their divorce started in 1995. They’re still fighting over the money in court. They’ve run through 10 judges and 16 lawyers and their courthouse files fill 13 volumes.

The Florida divorce judge ordered Bob to pay Marlene a lump sum of $240,000, permanent alimony of $6,000 a month, medical insurance of $500 a month, 29 percent of Bob’s interest in a company called World Drink USA, and half of Bob’s interest in seven other companies, half interest in all of Bob’s patents, and all of Marlene’s attorney’s fees.

But Bob moved to Alabama, and when Marlene finally got him to pay over $200,000 in 2003, she netted only $80,000 after attorney fees. She has now fired her attorneys and is representing herself.

As Marlene has discovered the hard way, getting a judgment is not the same as getting the cash. You become a judgment creditor and can use the tools of the court to collect your judgment like attachment of assets and garnishment of wages. But if your spouse is unemployed or without assets, he is said to be judgment proof and you can’t collect. I wish I had a nickel for every noncollectable judgment in my file cabinet.