Boudoir Pics: Who gets Them In A Divorce?
After a long and loving marriage, you’ve reached the end of the road together. You and your spouse go through the process of dividing up debts and assets, with little fanfare, until a battle emerges over the most astounding item: a book of intimate photos you gifted to your spouse during the peak of your happiest times together. You always just assumed the photos would go with you—but apparently your spouse sees things differently.
The Real Deal
The situation is not a hypothetical story. Utah’s Lindsay Marsh and her husband, Chris, of 25 years went through a conflict over a book of intimate boudoir photos that Lindsay had given to Chris in the early days of their marriage. When they got to court, Chris claimed that the book was significant to him, and he wanted to retain it because of the inspirational messages written within those pages by Lindsay. For her part, Lindsay felt blindsided by the request and assumed the judge would see it as an unfathomable act of revenge by her husband. She was wrong in her assumptions.
A Judge’s Compromise
The judge ruled that Lindsay had to have the book edited in order to block out nude or lingerie-clad photos, but the inscriptions had to be left intact and the book would be retained by Chris. While it had to come as some measure of relief that her husband would not have the very personal photos, it nonetheless led to feelings of humiliation and victimization to have the judge force her to re-engage with the photographer to have the book modified, and to then be forced to turn over the sensual messages to her husband. Still, that was the judge’s ruling, and Lindsay complied, albeit reluctantly. She then promptly filed a complaint against the judge with the Judicial Conduct Commission of Utah, believing the judge, who was sworn to protect and to defend the law, fell far short of his duty to protect her.
The Other Side of the Coin
So how is it that a couple amicably split every asset—a difficult task, to be sure– but wind up in a bitter feud over boudoir pictures? According to Lindsay’s husband, he cherished the memories of his marriage to Lindsay, and his wish to keep the inscriptions in the book was the only way to hold onto those dear memories. From his perspective, Lindsay chose to sensationalize what he viewed as a fair legal proceeding so she could garner attention and play the victim.
In Florida, the court allows individuals to retain gifts acquired during a divorce. Whether that generalization would hold in a situation like Lindsay’s is tough to say. At WiseLieberman, you can be assured our experienced Boca Raton divorce attorneys listen to our clients, and fight for the outcomes most beneficial to you. To schedule a confidential consultation, contact our office today.