Aged New York Husband His Wife’s Prisoner?

GEO#1Eighty-four-year old Martin Cassidy spent his career creating dinosaurs for the American Museum of National History.

His career began in 1972 when the museum was offered the articulated skeleton of a dinosaur, an acquisition that would cost $200,000, plus as much as $500,000 to send a team into the field to find, collect, pack, ship, prepare, and reassemble the gigantic beast. Realizing how financially impractical that was, his new calling began.

Over the years Mr. Cassidy and his team built life-like dinosaur facsimiles for museums around the world. It was while working at the museum that he became acquainted with New York pulp and paper billionaire and philanthropist Ira Wallach, whose charitable foundation provided funding for the famous museum.

Eventually he met Ira Wallach’s daughter, Kate Wallach, and before their 1987 marriage he signed a pre-nuptial agreement. Kate allegedly told him it was necessary to “make her family more comfortable”. Her father died in 2007 at the age of 97, and left her $200 million dollars.

During their 28-year May-December marriage they had five children. In Mr. Cassidy’s recent divorce court filing he deposed that while his wife luxuriates in their lavish $20 million dollar Long Island estate, he is relegated to a dark, dank area above the garage outfitted with a small bed and two rickety folding chairs.

There is a toilet, but no bath or shower, and he uses a nail pounded into the wall to hang his meagre wardrobe. His daily menu consists of canned soup and he receives $2,500 a month to meet his expenses.

Martin Cassidy explains in his filed affidavit that he is “literally and figuratively a prisoner” of his wife who he says is waiting for him to die so that she doesn’t have to share any of her large estate with him.

Kate Wallach’s lawyer, Kenneth, Weinstein, says Mr. Cassidy lives in a “beautiful home with surroundings he has chosen” and that his client’s husband is suffering from dementia. She reportedly does not wish to divorce.

A court-appointed guardian who is overseeing the process to determine his mental status has remarked that his living accommodation is “far from luxurious”.

In a recent court application Mr. Cassidy sought an order that his wife pay him $30,000 a month so he can move to his own rental accommodation. The Court ruled that pending the mental evaluation he should remain in the family home. His lawyer, Bettina Hindin, is appealing the order. She remarked:

“Imagine, solely as the result of being a divorce litigant, a court can force you to live with the spouse you are trying to rid yourself of.”

My observations? If the tables were turned and Kate Wallach was the victim of the circumstances described, a spousal support order would have been granted tout-suite, and probably for a lot more than $30,000 a month.

After 28-years of marriage and five children it is hard to imagine that a Court will not set aside the prenuptial agreement. In British Columbia these types of agreements are effective in short-term marriages with no children. Add years and children to the equation and they become less sustainable.

Lawdiva aka Georgialee Lang

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