Former "Nip/Tuck" star Dylan Walsh learned a valuable lesson this holiday season: Always sign a prenup.
Last week, Walsh's split with ex-wife Joanna Going became official when a judge signed their divorce decree. Since there wasn't a prenup, Going will be walking away with half of Walsh's earnings during the marriage, including half of his royalties from "Nip/Tuck," TMZ reports.
According to the divorce documents, Walsh agreed to pay Going half of his royalties from "Nip/Tuck," a few movies, a "Law & Order: SVU" episode, and other work. Going, on the other hand, is paying Walsh half of her royalties from her acting work on a number of shows, inlcuding "CSI" and "Criminal Minds." Since Walsh will be walking away with a greater share of their property, he's agreed to pay Going $118,376 to even things out.
Walsh and Going's property settlement is pretty typical of couples who don't have a prenup. California, like Arizona, is a community property state. That means marital property is generally split 50/50 in divorce cases. Marital property includes anything the couple amassed during the marriage, outside of inheritance, gifts, and a few other exceptions.
Had the couple signed a prenuptial agreement before the marriage, the results would probably be a lot different. Celebrities often use prenups to safeguard their fortunes in case of divorce.
For example, Walsh and Going could have stipulated that their earnings during the marriage would be considered each spouse's separate property, rather than community property. Since there was no prenup, however, each spouse is now entitled to half of the money earned during the marriage, including ongoing royalties.
Walsh and Going will split legal custody of their 9-year-old daughter, meaning each will have decision-making authority about important aspects of the girl's life. Walsh has agreed to pay about $4,300 a month in child support.