Shaq’s Wife Files for Legal Separation

NBA star Shaquille O’Neal’s wife has filed for legal separation in Los Angeles. Va’shaundya O’Neal’s divorce attorney Sorrell Trope (of Trope and Trope) filed the documents on November 9, 2009. Shaq previously filed for divorce from Shaunie in Miami back in 2007, but the two reconciled and that case was dismissed last year.

The O’Neals have four children, from ages 9 to 3. They were married in L.A. in December, 2002 – when Shaunie was pregnant with their third child. They have lived in Florida since Shaq was traded to the Miami Heat from the Lakers in 2004 (Shaq currently plays for the Cleveland Cavaliers). 

Shaunie O’Neal claims California residency since November 8 – the day before her filing. She is seeking legal and physical custody of the kids, with visitation for Shaq, as well as child support and spousal support. There is a cohabitation/prenuptial agreement in place although the details of that agreement have never been made public.

The move to California is interesting. TMZ.com argues that California has more lenient spousal support laws than Florida. People.com supposes that the move is to take advantage of “more generous community-property divorce law“. Depending on the terms of any prenuptial agreement, though, the property and spousal support issues are likely to be addressed by that document and not by a judge following property division and alimony laws.

One legal issue is clear though – Shaunie does intend to amend her petition for legal separation and obtain a final divorce. She filed under California Family Code section 2321, which allows someone to file for legal separation in the state even if he or she does not meet residency requirements, amending the document to a petition for dissolution upon meeting those requirements. In this case, it will be six more months before Shaunie meets the residency requirements  – and probably many more months after that before the case is resolved.

Sorrell Trope of the law firm Trope and Trope has handled countless celebrity divorces and family law matters, including those of Nicolas Cage, Anna Nicole Smith, Nicole Kidman and Britney Spears.

Also See:

• Shaq Files for Divorce – Will the Prenup Hold Up?
• Shaq Divorce Dismissed