The Prenuptial Agreement

(This story is in two parts. The first has no sex. It is in Loving Wives because the story concerns an affair and a divorce and consequences - and because I love the feedback Loving Wives stories sometimes draw. I will explain why this story exists at the end. Odds are this part will bore you to death.)

I was crushed. A man came to my office, asked if I was Michael Hinton and when I said yes he handed me an envelope. I opened it. Inside were legal notices. The first said that an action seeking dissolution of my marriage had been filed. The second was a motion seeking to throw out our prenuptial agreement. The third was a restraining order. It said I couldn't approach within 100 feet of my wife and that I couldn't enter our home unless I was accompanied by a representative of the Court.

I called my lawyer. His secretary said he was in a meeting, which I assumed meant he didn't want to talk to me because he was working and I was usually calling as a friend. I lost my temper. "Tell Jack to pick up the goddamn phone. This is important. Tell him now."

Seconds ticked by. Jack picked up the phone and in an annoyed voice told me he was actually in a meeting. I said, "I just got served divorce papers."

"What?"

"I just got served divorce papers. Plus a motion to set aside the prenup and a restraining order. I can't go home without an escort."

"Holy fucking shit. You'd better get over here." I agreed and started to hang up. "Wait," I could hear Jack bark, "Do you have the actual filings or just notices?"

"Just notices and the restraining order."

"Give me the filing info and I'll get copies." I read him the headings and the clerk's file numbers.

I washed my face in the restroom and slumped over. I slowly raised my head to look at myself in the mirror. The face I saw was suddenly older, the traces of youth displaced by concern, even shock. I could see my father's dark eyes in my own.

By the time I made it to Jack's office, he'd already been faxed the actual documents. His secretary was waiting at the front desk and she quickly led me into their main conference room and offered me a soda or water. I paced nervously. Jack came in. "You should sit down for this."

No, I motioned. "I can't sit. If I sit, I'll . . . "

He laid the papers in two stacks of three, each neatly stapled, almost sterile. He sat down heavily. "Have you been having an affair?" he asked.

"Are you out of your mind?"

"The allegation is that you have been having an affair for at least the past year." He looked at me. "You know that under the terms of the prenuptial agreement, if the marriage terminates because of your infidelity, then the protection of your assets disappears and you will be fully liable for whatever settlement and alimony the Court might deem fair. You know that, don't you? This will cost you millions."

I bobbed my head yes.

"I'm not saying you're lying to me, but I can't do my job if you're not completely honest with me." He flicked up a page and turned it over. "It says here that you have been seen entering this woman's house in the afternoons and evenings. They have photographs of you hugging and kissing." He tapped his pen on the table for emphasis. "They don't have pictures of you actually having sex. That's the only thing missing. But what they have is pretty damned incriminating." He looked down at the table. "Now I want you to be honest with me."

I took a gulp. "Her name is Susan Turner." I told Jack everything.

A few hours later, accompanied by Jack and an off-duty sheriff, I returned to my home and packed my bags. Jenny was not there. I was gone in an hour. After locking the front door, I had to give my key to Jack in front of the sheriff. Only a few words were said. I told Jack I'd rather spend at least that night in a hotel. I wanted to be alone. "Don't do anything stupid," he said. "Call me if you even think you might be thinking about being stupid." I shrugged okay. "I mean it. Tell me you'll call."

"I'll call. I'm not going to do anything."

I considered checking into a Residence Inn, but I couldn't mentally commit to the possibility of a long-term stay. I went instead to the Ritz.

"Is there a manager on duty?" I asked the desk clerk.

"I'm the front desk manager on duty. May I help you?"

The words came more easily than I'd imagined. I felt more in control of myself than I could have hoped for. "I want a suite. But I may be staying for some time, two weeks minimum, probably a month. What kind of deal can we make?"

"You want a suite for a month." She paused. "What level of suite?"

"The best." She blinked. Her name tag read Janice Horton.

"How long will you commit for?"

"Do you mean pay for now?"

"We would place a hold on your credit card in the estimated amount."

"I'll go a month for the right deal."

She fiddled with her computer. "Our best suite, which happens to be available, is the Presidential Suite. It was renovated only a month ago and has two bedrooms, a grand piano in the living room and a jacuzzi in one bath and a steam shower in the other." She looked at me.

"That will do fine. I'll pay with this, if we agree on a price." I pulled out a black American Express card.

She smiled. "I can offer you a significant discount on the standard rate."

"I'm Michael Hinton."

"Janice Horton. Pleased to meet you."

"One question. Is the piano in tune?"

"It was tuned last week for the last guest. A concert musician."

Janice escorted me to the room herself. The bellman asked if I wanted my cases unpacked, but I said no I do it myself. On her way out, Janice handed me a list of phone numbers. "These are the direct numbers for the managers and the concierge. Call anyone on this list if you need anything."

It's good to be rich. My grandfather made a pile and my dad keeps making it bigger. Of course, my dad is also a complete asshole, a real bastard. I barely speak to him, but my money is either in trusts or became mine outright when I hit 25, with the rest mine at 30 and 35. I can hear him cursing because my grandfather set up the trusts not knowing how large they'd become. "What the fuck was he thinking? How can I control this goddamned kid if he gets this much money?" Then his favorite imprecation. "Motherfucking punk." That's me to dear old dad.

I didn't sleep until early morning and was roused, my brains like cotton, when the phone range. It was the day manager, checking in as I'd asked him. Nine AM. Time to shower. Try to wash some of the murk out of my head. I sat on the bench in the steam shower, watching the mist clouds change shape. The condensation ran in cool streaks down my chest. It's odd to be so hot and yet have this cold feeling drawing lines across your body.

I called Jack at ten and was in his office at eleven. He was on the phone in the conference room, so I plopped down and contemplated the sour feeling in my stomach. The events of yesterday seemed like another century.

When Jack hung up, he was obviously excited. "I can get us on the calendar for a hearing on the prenup for next Wednesday. That's not the usual motion day but the judge knows what's at stake." He was bouncing up and down on his toes.

"What does that mean? Is the judge on our side?"

"Don't be a dope. The judge wants this issue heard as soon a possible because there's big money in this case if the prenup is thrown out. You know what that means? Depositions. Discovery. Motion out the wazoo. Lots of court time. He wants to know what he's got." Jack looked at me. "That doesn't mean he's on your side . . . or Jenny's. You look like shit."

"I feel worse than I look."

"We have a lot of work to do. I need to talk to Susan Turner as soon as possible."

"I'll go see her." I started to cry. I hadn't cried before, but now my shoulders started to heave. "This is going to be awful for her."

"It has to be done."

"I know. I know. But I promised. I promised."

"You know there's still time." I looked at the shine on the table top. "There's still time. I could talk to her attorney. Joe Michaels isn't a bad guy."

I waved him off. "No. No. No."

"It's your marriage."

I looked around the room, at the tall rubber plant and the original cowboy paintings on the wall. I mustered some cheap humor. "I thought the line was 'It's your funeral'." Jack snorted.

"You need better writers. And with your money, you could afford quality material." My head itched. Maybe the shampoo at the Ritz didn't agree with me. I'll have to stop at Walgreen's and pick up my usual brand.

There was a knock at the door. One of the other lawyers. Jack asked her in. "Connie Kosinski, this is Mike Hinton. Connie's been putting together our counter filings." I stared dully. "Connie's one of our best." He motioned to her.

"Mr. Hinton. The main thing, really the only thing that requires a response right now is the motion to set aside the prenuptial agreement. Do you mind if we take a few minutes to go over the key provisions?" That was a rhetorical question. "Section Five considers the effect of infidelity on the agreement. In brief, it states that you and your wife entered into this Agreement to separate your substantial assets from the marriage estate given a promise that you will not abuse the marriage. There is a specific list of what constitutes abuse of the marriage. The only meaningful one is adultery." She looked up. "I assume you did not strike your wife repeatedly since that allegation was not included in the filings." I croaked out a yes. My throat was dry and I was getting hungry.

"I also assume you do not abuse alcohol or use illegal drugs to excess."

"Nothing that's not allowed." I smoked a little pot and, if offered, I might try something psychoactive but the agreement. "As I remember, we made clear that occasional use was not grounds for repudiation." She arched an eyebrow.

"I'm glad you remember the document. Section Five concerns your breach of the understanding. Section Six covers your wife's breach. In essence, if she commits the same breaching acts, then the amount she receives as a settlement is reduced significantly." She looked at Jack.

"You see where Connie is heading?"

"Probably."

"We're going to file a counter motion alleging that she has breached Section Six."

"I don't have any evidence that she's cheated on me."

"We have eight days, counting today, to find some. If we don't, we don't."

Connie then spoke. "We also want to use your wife's filing against her." She leaned forward. "We can paint a picture that she's acted in bad faith." She waved a hand airily. "Your wife could have chosen to stick around and vest in more of your estate. But she didn't. She's chosen to bail out only two years after signing this agreement which dramatically limits what she can receive in a divorce. Imagine if she'd waited for eight years and then filed for divorce one year before she'd have an absolute claim to many millions of dollars. Then she'd be the suffering wife. We can make her look like a gold digger. Put it all together and you get bad faith and she loses."

Jack was standing with his back to us, looking out the window. He turned. "Of course, even if you keep the prenup, she doesn't get much. We want to file this to show outrage and let the judge know that we're going to fight on every point."

"Won't it look petty. She's only going to get what, maybe a hundred grand and some jewelry?"

Connie looked smug. "If we win on keeping the prenup, we can drop our motion. For dramatic effect."

"You'd look generous," Jack said. "It's the best plan."

"That's why I work with you." God I was getting over-hungry. My stomach was growling loudly. "I need to eat."

"We have your go ahead?"

"Yeah. Total."

"You understand that we're going to put maximum effort into uncovering anything dirty about Jenny. If you don't want that, tell me now."

I heaved myself out of the chair. "Go get her, chief. Take no prisoners. Nice to meet you Connie." Jack walked me to door. I asked if they needed signatures for anything.Jack said probably not, but they'd come to me if they did, but probably not. He walked me to the door. "She is good," I said. "And a little evil."

"All good lawyers are. Call me as soon as you talk to Susan Turner."

The next week went by in a bewildering mix of speed and obsession. I ate in the Ritz dining room, bingeing on the expensive Burgundies and 50 year old cognac. I had a massage. I played the piano, especially late at night, after checking with the desk to see if anyone would be bothered. They told me the room was fairly soundproof and not to worry. I stopped by my small office only to pick up my mail and messages. Jenny didn't call. Neither did my dad. Thanks for that at least. On Tuesday afternoon, the day before the hearing, I sat down with Jack and Connie. They summarized their plans. I had one specific request, that they not tell me anything about what they'd uncovered about Jenny unless it became necessary in court.

The hearing was at 9:30 in the morning. Since it was not a typical motions day, only trials would be held on this floor of the courthouse and it was nearly empty. I stood to one side with Jack and another associate they'd brought to triple check what had already been double checked. Connie stuck in her head and beckoned me into the hallway. Susan was with her.

"The way this will work is like this. As we discussed, they will put on their case first. Susan, you will not be allowed in the courtroom during their presentation. After they're done, Susan will testify first for us. Michael, the judge may want you out of the courtroom while she testifies but we're going to fight that. You're a party to the case and you have a right to be in there. Now Susan, I know we went over this before, but let's go over this again. My guess is they'll take at least an hour, maybe two to lay out their case. They'll want to take their time because it shows they have something." Connie stopped. She put her hand on Susan's shoulder. "You can do this. Marlene from our office will wait with you." She squeezed Susan's shoulder and went into the courtroom.

I hugged Susan long and hard. She started to weep on my shoulder and I closed my eyes. When I opened them, Jenny was standing with her lawyers no more than 15 feet away. The look in her eyes was sheer hatred. I turned away.

The Court Clerk said, "All rise" and we stood. "Court is now in session, the honorable Judge Herbert Jackson presiding. All those having business before this Court are commanded to appear. You may be seated." The Judge, a heavy man with a fringe of black hair around a bald dome, shuffled his papers. The Clerk handed him a file folder. We waited nervously, twiddling fingers, tapping pencils.

The Judge cleared his throat. "The matter before us is a hearing to set aside a certain prenuptial agreement between Michael P. Hinton and Jennifer Hinton née Wallace. Let the record show that the parties have stipulated to the veracity of the copy of the agreement which was attached to the Motion filed with this Court. Mr. Michaels, before we begin, my understanding is that your motion is not truly to set aside the prenuptial agreement but to enforce the terms of Section Five. I note that this hearing will consider respondent's counter-motion to enforce Section Six of the same agreement and I want to be clear."

"That is correct your honor, but the effect of enforcing Section Five is to different than enforcing Section Six. Section Five will nullify the agreement while Section Six will substitute a different payment agreement."

"Mr. Cohen?"

"Your honor, if it pleases the Court, we do not object to the movant's characterization of the effect of the motion or the counter-motion."

"Very well. Mr. Michaels, please estimate how much time you will need to present your case-in-chief. Before you respond, understand that this is merely a hearing, not a full trial. If I find sufficient evidence for a full trial on the merits of either or both of these motions, that will occur at a later date. The Court's interests today are to determine whether such a trial is necessary."

"Thank you, your honor. Considering the Court's expression, we intend to limit our presentation to approximately two hours. We will also need some short amount of time, another fifteen minutes perhaps, to discuss the actual evidence we can produce."

"Mr. Cohen."

"I would estimate my client's case will take no more than an hour in total."

"Very well. The Court will hear the movant's arguments first, then we will recess and convene again at one for respondent's case. Mr. Michaels, the floor is yours."

"Thank you, your honor." Jenny's attorney looked down at his legal pad. "We call Jennifer Hinton to the stand."

Jenny walked to the stand and was sworn in. As she held up her right hand, I looked at her in her prim and proper blue suit, skirt not showing her knees, a simple cream blouse with only a thin gold chain with a cross around her neck. I could see the diamond of her engagement ring.

After stating for the record the basic facts of her name, age and our marriage, her lawyer questioned her about the prenuptial agreement. "What was your intention when you executed this agreement?"

"I wanted to make sure that my husband, I mean my fiancé then, knew I was marrying him because I loved him and not for his money."

"You know the extent of your husband's wealth?"

"I know what he told me, yes. He gave me certified statements from his accountants."

"You've never had any reason to doubt those statements?"

"None."

"What was your husband's net worth when you entered into this agreement?"

"Approximately $50 million. But his trusts were worth another $100 million, maybe more."

"Did he control those trusts?"

"No or not entirely. I'm not sure. I believe he takes control of them when he turns 30 and 35. He'd already received one-third of the money when he turned 25."

"What were your assets at the time you entered into the agreement?"

"I didn't really have any. I had student loan debts. And a car loan. My parents have money saved for retirement, but I'm one of four kids so I won't get much."

"Your parents are how old and are they in good health?"

"My dad is 53 and my mother is 52. They're in very good health."

He'd established that she was an ordinary American, who'd come out of college in debt, with no expectation of an inheritance for many years, and that she'd married a very wealthy young man who hadn't earned any of it.

"Mrs. Hinton, are you familiar with Section Five of the agreement?"

"Yes, I am."

"Would you tell the Court in your own words what you believe it means?"

"I think that Section, Section Five, means that if my husband, if Michael, betrays me then the agreement isn't valid."

"Before you were married, when you were discussing this prenuptial agreement, did you ask for this provision?"

"No. Mike proposed it."

"Were you represented by counsel during those negotiations?"

"Yes. I was."

Michaels held up a paper in a clear envelope. "Your honor, this is a statement from Mrs. Hinton's attorney during those negotiations. This statement confirms Mrs. Hinton's statement that Section Five was added at Mr. Hinton's request. We would like this marked as an Exhibit."

He offered the paper to Jack, who glanced at it and handed it back. He then gave it to the Clerk, who reached back and handed it to Judge, who also glanced at it, handed it back and told the Clerk to mark it Exhibit 1. During this exchange, Jenny looked at the ground. I saw she clenched a small white handkerchief in her hands.

"Mrs. Hinton, are you familiar with Section Six of the prenuptial agreeement."

"Yes. I am."

"Could you describe the terms of that section in your own words?"

"Section Six is like Section Five except it applies to me. If I were to betray my husband, then I would receive less of a settlement in a divorce."