Shaq Files For Divorce – Will The Prenup Hold Up?

NBA all-star Shaquille O’Neal has filed for divorce from wife, Va’Shaundya, in Miami Dade County Florida, where the two live, and Shaq plays for the Miami Heat NBA team.

Shaq and Va’Shaundya married on December 26, 2002 and have four children – two of whom the couple had before they married in 2002.

The petition filed by Shaq indicates that the parties entered into a cohabitation/prenuptial agreement. A copy of the agreement was filed with the court under seal so it is not available to the public, but since the agreement is titled “Cohabitation/Prenuptial Agreement,” we know that it addresses the time period that Shaq and his wife lived together but were not yet married. The cohabitation agreement probably limits or defines any rights Va’Shaundya would be entitled to for the cohabitation period (the time when the couple live together before they were married). Without such an agreement, Va’Shaundya may be entitled to certain rights such as spousal support based on the time period they lived together before they were married.

The prenuptial agreement most likely defines the amount and duration of spousal support Va’Shaundya will received in the divorce as well as the division of community property. Child support, however, can’t be limited or defined by a prenup. Presently, there are no reports that Va’Shaundya is contesting the prenuptial agreement. If the enforceability of the agreement is not challenged by her or her attorneys, the prenup will determine the terms of divorce.

According to the divorce petition, Shaq has concerns that during the marriage Va’Shaundya may have placed community funds or property into her own name without his permission. Shaq requested that the court issue temporary restraining orders restricting Va’Shauanda from getting rid of or tranferring any assets and requested that Va’Shaunda be ordered to provide an “accounting” (a detailed list) of all property in her possession or under her control.

 Also See:

• Shaq Divorce Dismissed