The two salient points, from my point of view, were that all amounts were frozen the date the agreement was signed, and unlike the normal separation agreement, where if either party didn't contest it within 90 days, it went to divorce automatically, this one never went to divorce, but remained in effect until one party or the other executed it. In other words, instead of divorce being automatic it hung, like the sword of Damocles, over both parties and either could, at any time, pull the trigger. There was also a provision that, once signed, if either party then contested the terms, and lost, they were entitled to nothing.
All in all, it was a very generous offer for me to make to my wife. And it was a gamble in that if she followed through with a divorce I was facing, at a minimum, six very tough financial years. But it was a calculated gamble I had every intention of winning. First I had positive proof of the affair, with notarized statements from the PI, pictures, audio, and video. Although useless in a court of law the impact to Tracy if I disclosed them to her parents, family, friends, church members, and children would be devasting. Second, being married with children of his own, her lover was in no position to help and stood to lose as much, if not more, than her, if the affair was exposed. So, she was essentially without any support group as she could not ask me for help and would not ask her parents or friends for fear of exposure. I would insist, however, and pay for, her to get her own lawyer to review the documents. Third I was prepared, legally and emotionally, to walk away from the marriage. I knew it would be hard, financially, and I would see less of my children, but I had watched the video and any love I felt for my wife had gone with the disrespect she showed me by being with another man. So, I was dangling a large carrot in front of her, me staying and working on forgiving her, against a small stick. I didn't want her to fear the stick and instead grab for the carrot.
I had arranged for my parents to take the children overnight. We went to a nice dinner and then, returning home, I asked to speak with her in the living room. I made a businesslike presentation of the facts. I explained the PI's report and what I knew. She immediately began crying and apologizing. Why is it they always claim it was "just sex" and didn't mean anything? It meant something to me, it meant that my wife, the one that pledged her troth to me in front of God and family and friends, wasn't true. Did her vows also not mean anything to her?
I gave her the separation agreement which started a fresh wave of crying. She promised to cut it off immediately with Jim and begged my forgiveness if only I wouldn't divorce her. I explained that the separation agreement wasn't a divorce and didn't need to escalate to one if she met some conditions. Yet the conditions themselves, marriage counseling, counseling with our pastor, signing the separation agreement, and, of course, never seeing Jim Evans again, were rather mild although nonnegotiable. I explained I would pay for her to get her own lawyer and if he approved she could sign the document. That I would stay in the house and we could share the bedroom, although not a bed until she was tested for STD's, so that no one would know. That her family, friends, and children never need know of what she had done. Nor would I let Mr. Evans wife know about his affair with her, or take any revenge on him, not out of kindness to him, but to protect her reputation.
Needless to say, it all transpired exactly as I wanted. Tracy's lawyer approved, and Tracy signed, the agreement, which remained on file, unexecuted. We met with the pastor who recommended prayer and forgiveness. We went to counseling where the counselor blamed me for part of the problem, which I graciously accepted. Even after the marriage counseling was concluded Tracy continued to meet monthly with her, alone, for several years. By the time three years had passed she had essentially reduced her own guilt in the matter to nothing and instead thought if it as being something she almost deserved.
Time passed. The STD test came back negative and we resumed marital relations. For the first year Tracy tried to kill me in bed but eventually we fell back into the married rut. But essentially I was biding my time. I wanted six years, would have been happy with five, but ended up with six and a half. As they say, once a cheater always a cheater and I could see the pattern forming again. Tracy had never really accepted her guilt for the first time, feelings her psychologist reinforced, so it was easy enough to drift into it again. She was smarter this time, but so was I. I had kept the PI firm on an occasional routine of discrete surveillance, nothing too onerous or expensive, just a quick scan for a week or so every six months, and they had picked up her latest affair. Once again I had the full package, audio, video, the works. It was another married man although this time he wasn't walking away cleanly.
About eighteen months back I had put them on to Jimmy Evans again also, and had documented two new affairs, about six months apart. So now I had three reports, one with my wife and her latest lover, one on Mike Wallace, and two on Jimmy Evans. Now just to be clear, I was planning on executing my revenge on Jimmy, and Tracy, after six years anyway. The affair with Mike was just added ammunition.
The separation agreement was still on file and as we had specified an open-ended agreement I had my lawyer execute it. The terms were already agreed to and signed, the dollar amounts were locked in place six years ago, only needing the current appraisal (recently done) and the mortgage balance to be affixed. But a lot had changed in six years. Both children were over eighteen, so child support was no longer an issue. I had banked a large part of my salary over the last six years, including bonuses, but as the amounts to be split were frozen six years ago most of it was exempt from any settlement. The monthly maintenance amount was minimal, the agreement having relied on the combined amount of child support and maintenance, plus being based on an outdated salary that had grown by leaps and bounds since then. And as we had recently remortgaged the house to pre pay both children's college tuition the equity in the house was minimal. Simply put what had been an overly generous 60-40 split of assets and income in Tracy's favor six years ago was now a less than generous 90-10 split in my favor. I had the cash in the bank to pay her off clean, including my share of the equity, while Tracy had neither the income or ability to buy me out or pay the mortgage.
Once again I chose a Friday night for our confrontation. I had had a complete package delivered to Jim Evans wife that day, detailing his last two affairs, along with a package to the respective husbands, and another to his employer as both women worked for clients of his. I sent another package to Mike Wallace's wife and his employer. I took Tracy to dinner and afterwards sat her down in the same living room. Again, I made a business-like presentation of facts. I showed her the folders that had gone to Jim Evans and Mike Wallace's wives, and employer's. I showed her the folders I had ready to go out on her, detailing multiple affairs over a six-year period. I explained the fact that it was two affairs six years apart would be lost in the barrage of disapproval she would receive from her parents and friends. As I explained people tended to believe the worst and if I documented she had two affairs they would assume there were more. And I explained that the papers had been filed, the divorce was going through under the terms she had agreed to, and if she contested it she stood to lose even what little I was giving her.
Tracy cried and begged and pleaded with me. She again said it wasn't personal, only sex. She swore it would never happen again that she had learned her lesson this time. She asked me to forgive her again and take her back based on the many years we had together and our bonds we shared, in other words to forgive her "for old times sake". But as Tom Hagan said in The Godfather, no can do. I was lenient, she was after all the mother of my children, but I wasn't screwed. I kept the house, most of my income, and had saved the money to pay the two years maintenance, and the home equity, out of my account. Based on my current income it was a pittance, less than my last bonus. I was forty-two, the age I had planned to be when my children left the house and was recently named a VP at my job and had my sights on the CFO job a few years down the road.. In short I had my life the way I wanted it and was young enough to find a younger, more trustworthy woman to share it with.
Now a lot of people would say the revenge I took was rather wimpy. I didn't break any legs, I let my wife off easy, if a bit penniless. Both men were left fighting for their marriages, and probably their jobs, but neither had any broken bones. But as I said at the beginning I'm in finance, not the mafia. I don't deal with broken legs but dollars and cents and in my case I had gamed the system to work in my favor when the deck was stacked against me. I had delayed my revenge by keeping my enemies close but had found, in the end, that revenge delayed is not revenge denied.