The fight over Kurt Cobain’s guitar isn’t set to be the only skirmish of consequence in Frances Bean Cobain’s divorce. Her ex-husband might have a great case for some serious alimony.
Spousal support is going to be the central issue going forward after Isaiah Silva, Frances’ husband, dropped jaws with his $300,000 per year request.
Silva used to be a member of a band that he claims he left in order to help Cobain. He also claims that he gave up steady employment, although it’s unclear if he was referencing his music career. Finally, he asserts that Cobain had agreed to help in the costs of raising his daughter from a previous relationship, including private school tuition.
Since there has been no evidence of a pre-nuptial agreement, the court will have to look at a number of factors to determine the merit of his alimony request. The only thing that is certainly clear of the court’s power is Kirk Kurt Cobain’s $450 million estate since Frances inherited it long before the marriage. This makes it separate property and thus exempt from the marital estate.
The couple had been together for five years but only married for two. Silva believes that he has a claim to half of the money she’s made from business deals over the past two years. And he might have legitimate argument there when coupled with the allegations that he quit working because of the union.
In Florida, the court will look at the needs and financial obligations of the party seeking spousal support. The judge will also take into account the length of the marriage and the standard of living therein, while looking at the contributions made, including work done in the home.
The courts, however, are not under an obligation to consider the needs of the minor child since she was not a product of the couple. While Silva has high hopes for a large spousal support check, he would be better off centering his arguments on the efforts he made in the marital home and any opportunities he forwent because of the union.
Spousal support isn’t a cut and dry issue. There are counters to every argument that must be considered, and the attorneys at the Men’s Divorce Law Firm can help you navigate your case. Contact us today to schedule an appointment.