The Seattle Times , Dec. 5, 1997 Executive's wife awarded half of all assets ,
also known in some circles as
" getting the shaft ",
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seattletimes.nwsource.com
Executive's wife awarded half of all assets
by Sharon Walsh and Devon Spurgeon Washington Post
STAMFORD, Conn. - In a closely watched divorce case, a Connecticut judge said loud and clear that the wife of a wealthy corporate executive should get half of the assets accumulated during the marriage - whether or not she worked outside the home.
GE Capital Services Chairman Gary Wendt and his high-school sweetheart and wife of the past 32 years, Lorna Jorgenson Wendt, were dividing a marital estate worth as much as $100 million.
It was not just the amount of money and property involved that made the case unique - there have been other divorces involving more money.
But this divorce became the central exhibit in the debate over both legal and social questions: What is a wife worth? What is the value of her contribution to the marriage, especially if she does not work outside the home?
"It's very clear . . . this judge said by the way he divided the assets, `I view this as a full partnership,' " said Sanford Ain, a prominent Washington divorce lawyer. "It's a very important statement."
Connecticut, like the majority of states, is known as an "equitable-distribution" state in divorce cases, giving judges wide latitude on what they award.
Even in the half-dozen or so states that have community- property laws, the property is not always divided equally, though Lorna Wendt would have had a better shot at half in those states.
"Enough is enough"
"There's been a discussion among lawyers in recent years that judges tend to award the economically dependent spouse of a very wealthy couple a small percentage of the total assets," said Ain.
The concept is known as the "enough-is-enough" standard because judges think a spouse, usually the woman, who is getting millions in a divorce settlement has more than enough to maintain her lifestyle, so why should she get half?
"Judges in other states will look at this closely," he said.
Gary Wendt had argued that he did offer his ex-wife half of his estate, although he did not include the value of certain future compensation because he would not collect the cash until after his divorce.
Often, the bulk of the multimillion-dollar pay packages awarded to top executives these days are in the form of such deferred compensation.
Lorna Wendt rejected an offer of an $11 million settlement early on, and said she did not take her now ex-husband to court for money but for the principle.
"I stood up and said, `I've been in this marriage for 32 years. This isn't fair,' " she said.
A representative for Gary Wendt said he was in a helicopter en route to deliver a speech to a business group in New Jersey when Judge Kevin Tierney handed down his 465-page decision Wednesday.
In a prepared statement, Gary Wendt said he intended to examine the verdict closely before making any public statement.
"The principal issue in this case was not the relative contribution of the non-working spouse vs. the working spouse, but rather the division of future earnings after the non-working spouse has been generously rewarded," his statement said.
Lorna Wendt did not get everything she asked for. She will get a multimillion-dollar house in Stamford and a house in Key Largo, Fla.; $252,000 a year, payable in equal monthly installments of $21,000; half of all stocks, bonds, cash and mutual funds in 19 accounts; and memberships in the Ocean Reef Club in Key Largo and the Stanwich Club in Greenwich.
Sought stocks, bonuses
But, in addition to half of everything accumulated by the Wendts during their marriage, Lorna Wendt wanted half of the stock options, bonuses and unvested pension benefits that Gary Wendt will receive when he retires from GE in 10 years.
Her attorneys said she will essentially get that in a tax-free payment of $2 million ordered by the judge, as well as the payoff of the $1 million mortgage on the Stamford house by her former husband.
This is one of the few divorce cases of a wealthy couple that has actually gone to trial. Most of the super rich settle outside of court.
In the 18-day trial one year ago, Lorna Wendt testified that her contributions to the marriage were as valuable as the paycheck her husband brought home, and that while she ran the household and raised the Wendts' two daughters, she also worked side by side with her husband as an adviser, business hostess, traveling partner and representative to various charitable and community groups.
Gary Wendt denied his wife contributed to his success, saying in court that she had no interest in business and wasn't interested in his problems, leaving him very lonely in the marriage.
Each Wendt hired a public-relations representative. The Tierney's chambers have been inundated with calls from the media for months.
Lorna Wendt has started a Web site - www.equalityinmarriage.com, named for the Foundation for Equality in Marriage that she is starting with some of her assets.
When they married just after both graduated from the University of Wisconsin, the Wendts had $2,500 between them, according to Lorna Wendt's representative. |