Bijou Phillips seeks divorce from Danny Masterson: Understanding legal implications
Actor Bijou Phillips has filed for divorce from her actor husband Danny Masterson, following his recent 30-year-to-life rape sentence. Per reports, Phillips submitted the divorce papers in a Santa Barbara, California court, citing "irreconcilable differences" as the reason for their split after 12 years of marriage. In the documents, Phillips requested spousal support and "termination of the court's ability to grant support to Masterson." Here, we understand the legal implications of divorce while a spouse is incarcerated.
Phillips sought full custody of daughter; separate property division
Notably, the couple shares a nine-year-old daughter, Fianna. In her filing, Phillips asked for full legal custody of their daughter and requested that "their assets be divided up by the court as separate property." "Phillips has decided to file for divorce from her husband during this unfortunate time. Her priority remains with her daughter," the actor's lawyer reportedly told PEOPLE. The lawyer, further in his statement, acknowledged Masterson's role as a "wonderful father."
Why does divorce filing come as a surprise to many?
The divorce filing has taken many by surprise, especially given the events surrounding the sentencing of Masterson in September. Per Variety, a moment unfolded in court as Masterson, after being found guilty of two counts of rape, blew a kiss to his wife, before being led away. PEOPLE magazine noted that Phillips had been deeply affected by the sentencing, describing her as "distraught." She also remained in contact with Masterson's lawyer, with discussions focused on potential appeals.
Explained: Legal implications on divorce if spouse is in jail
If a partner is incarcerated, it can have significant implications on divorce and child custody proceedings. According to a US law firm, even while incarcerated, a defendant "maintains the legal right to address the court." To exercise this right, arrangements must be made for a video or teleconference—allowing them to participate despite imprisonment. Also, Masterson is not entitled to legal representation if it's a family law issue.
Alimony and property division: Legal proceedings
Per the above-mentioned law firm, if the court does decide to award alimony to the spouse who is not the perpetrator, the criminal conviction may influence the amount and duration of alimony. In this case, if the court decides to award alimony to Phillips, it may be for a shorter duration and a reduced amount. The court should take into account that Masterson's criminal actions might also affect his ability to provide financial support due to his lengthy prison sentence.
Masterson was charged with forcibly raping three women
Masterson was charged in 2020 with "forcibly raping three women" in separate incidents between 2001 and 2003. He was released on a $3.3M bail and later pleaded "not guilty to all three charges" in January 2021. At the time, his attorney said in a statement, "Mr. Masterson is innocent, and we're confident that he will be exonerated when all the evidence finally comes to light and witnesses have the opportunity to testify."
Allegations against Masterson first surfaced in 2017
Masterson's sexual assault allegations first surfaced in 2017 after the LAPD's Robbery Homicide Division confirmed they were investigating him. By November of that year, a fourth woman had accused Masterson of raping her in the early 2000s. As a result of the allegations, Masterson was dropped from the Netflix show The Ranch and dropped by United Talent Agency. He maintained his innocence throughout the legal proceedings.
