Ben learned from Sam that Buck Branch had left Minnie, his wife of thirty years, for a younger woman, how much younger was a matter of speculation by the curmudgeons as they cast popping bugs for bream on the pond at Mossy Swamp Plantation. It was March 1 and the smell of smoke from controlled burns filled the soft spring air.
“She says she signed an agreement that says she gets nothing before they were married.I told her she should consult you,” Sam said.
At these words, Ben’s temper flared.
“You mean nothing, no alimony or share of marital property?” Ben asked.
“That’s what she said,” Sam answered.
Minnie was now fifty-five. She had borne Buck three children and reared them to be good citizens, on their own now after college graduation and living up North,, one in Boston, one in New York City, one in Vermont, the first two girls, the third a boy taking a year off as a ski patrol volunteer at Stowe, which Sam called a “Happy Hunting Ground” for female companionship.
Ben recalled that when Buck and Minnie had married she had given up a promising career in management consulting. Ever since she had devoted her life to her children and to making a home for Buck, a rascal but until now a discreet one. Buck had an inherited fortune when they married but had since quadrupled it through entrepreneurial genius and luck, in about equal measure, Ben guessed. Minnie had come from a working class background and had brought no material assets to the marriage, but a huge fortune in common sense and class. Buck too had common sense but was utterly lacking in class.
The following Monday Minnie called Ben’s office and Joanne scheduled a meeting for Tuesday morning. She appeared five minutes early and Joanne ushered her into the library-conference room and brought her coffee. Ben arrived and joined her there.
“Sorry about your troubles,” Ben opened.
“Don’t be. Good riddance,” Minnie answered.
Ben smiled. This would make his job easier.
For the next two hours Ben asked Minnie about the circumstances at the time of the marriage and since. The premarital agreement Minnie produced was as Ben expected, a “Mine’s mine, your’s is your’s” model fair and fine for two with wealth marrying for a second or third go at matrimony but grossly unfair to a young bride giving up a career to raise a family as a stay-at-home mom at her husband’s request, as Minnie had been.
Ben filed for divorce alleging Buck’s desertion and requesting equal division of marital assets and asking the judge to set spousal support at a number found fair by the judge after discovery. As expected Buck’s lawyer countered with the premarital agreement, asserting it as a bar to both Minnie’s claim of marital property and alimony, or spousal support, in modern parlance.
Ben gave notice to depose Buck in Ben’s office, to be video taped. Buck and his lawyer appeared and were shocked to find Sam present as cameraman, in addition to Joanne as notary. Buck’s lawyer called the judge to object to Sam as camera man. Ben had alerted the judge to this expected objection and before Buck’s lawyer completed his statement of objection the judge uttered, “Overruled. Dr Nixon has qualified as an expert in videography before this court and is deemed discreet. Besides, the testimony becomes public record once it is uttered.”
This revelation made Buck turn pale, good news for Minnie and Ben.
Joanne swore Buck in and Ben began his questions. Soon he asked Buck, “Is it not true that when you bought Acme Enterprises (the first company Buck bought and the foundation of his extensive non-inherited wealth) the lenders required your wife to guarantee the debt used for the purchase and at your request she provided that guarantee?”
Buck looked at his lawyer who nodded he should answer. Buck muttered, “Yes.”
“Speak up!” Ben yelled, making Buck jump. Minnie could barely stifle a laugh. Joanne tried to hide a smile. Sam remained stone faced behind the camera.
“And how much was the debt she guaranteed?” Ben asked next.
“I do not recall,” Buck answered meekly.
“How about $50 million?”Ben asked, whipping copies of the guarantee from the file of papers before him and handing Buck’s lawyer a copy and sliding the other to Buck.
“That sounds right,” Buck said meekly.
After another half hour of questions about the Acme transaction in which Buck admitted the deal was the bedrock of his fortune, Ben declared a twenty minute recess, then asked Buck’s lawyer to remain in the room for a brief chat as the others filed out for the bath or powder rooms.
Then Ben said, “Bill, we can make this easy or hard. I have Fred Edelman (a forensic accountant both men had used often as an expert witness) prepared to testify tomorrow that Buck’s disclosure of his assets attached to the Premarital Agreement was low by at least $10 million (and thirty years ago $10 million was a lot of money you will remember). Minnie will settle now for one third of what is clearly marital property, here is the number. (He handed the lawyer a slip of paper with only a number following a dollar sign on it). Take it now or it is withdrawn and we go for voiding the prenup as unconscionable and induced by fraud. When we resume Buck’s deposition the offer is withdrawn.”
Buck’s lawyer nodded he understood and left the room with the slip of paper Ben had given him.
When the twenty minutes was almost up, Buck’s lawyer returned to the library conference room where Ben waited, alone except for Sam who was adjusting his video camera.
“We have a deal,” announced Buck’s lawyer. Sam grinned at Ben.