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David Geffen’s divorce provides insight into important divorce law questions. In a high-profile and emotionally charged legal dispute, billionaire media mogul David Geffen is being sued by his estranged husband, Donovan Michaels, over an alleged promise of “lifetime financial support.” While the public watches the drama unfold, it raises an important question for all New Yorkers:
Can verbal promises for ongoing support hold up after divorce?
This case, reported by People Magazine (source), serves as a timely reminder of how spousal maintenance works—and doesn’t work—in New York.
What’s Happening in the Geffen Case?
According to the report, Michaels alleges that Geffen promised to support him financially for life, even though they had no prenuptial agreement. Now that the relationship has ended, Michaels is suing for breach of contract. Whether this alleged promise holds up in court remains to be seen, but it raises the issue of what support obligations survive divorce—and which do not.
Spousal Maintenance in New York: The Basics
In New York, there are two main types of support between spouses:
1. Temporary Maintenance (Interim Support)
Granted while a divorce is still pending, this is meant to help the lower-earning spouse maintain stability during the legal process.
- Formula-based: The court uses a statutory formula to calculate the amount.
- Duration: Ends when the divorce is finalized.
2. Post-Divorce Maintenance (Durational or Permanent)
Awarded after the divorce is final. This can be limited-term (durational) or, in rare cases, lifetime support.
- Depends on factors like:
- Like the Temporary Maintenance, we use the same mathematical formula. But, the Court can also consider:
- Length of the marriage. This also affects how long the mainteance will last. See this article: https://nydivorcefacts.com/spousal-support/
- Age and health of the spouses
- Earning potential and employment history
- Contributions to the marriage (e.g., homemaking, supporting education)
What About Verbal Promises?
New York does not enforce verbal promises in a divorce. PERIOD.
New York does not enforce any agreement between a married couple even if written by the parties and signed in blood, unless it contains the important statutory formalities.
Prenuptial and postnuptial agreements must be in writing and signed in front of a notary to be enforceable. AND, the notary language is very, very specific. It is not a standard notary line. It is not merely the notary adding their signature. It must be the same notary language used with signing a deed for property.
This is also true for divorce settlements. I can’t tell you how many times someone tries to enforce a handwritten note put together at the kitchen table. IT IS NOT ENFORCEABLE.
- Verbal understandings or informal arrangements—even between spouses—are not legally binding. This includes, emails, text messages and the like. Again, it must be in writting, with certain formalities and notarized is a very particular way.
That’s why Geffen’s case may hinge more on contract law than on divorce law. Michaels’ legal team will likely argue that Geffen’s promise constituted a separate enforceable contract—something far harder to prove than written spousal maintenance terms.
In New York, there is a line drawn between contract law and divorce law. If they were not a married couple, then Michaels could try to prove a contract base upon an oral agreement or a writting, where emails are a writing. His path is still very hard.
But, in this context we are not in contract law, but matrimonial law. Here, as we discussed above, an oral agreement is not valid. A handwritten contract in blood is not valid.
This may seem unfair, but it is actually very fair. Divorce involves determining rights of money, property and of course children. The legislature has decided, based upon decades of experiences with case law, that we need set and firm rules. Otherwise anyone can say anything. Unfortunately, the history of divorce law is also a history of fraud.
So, how do we know that the parties really meant to settle this divorce a particular way? It was reduced to writting, signed, sworn and notarized with the same formalities as a deed.
Takeaway for New Yorkers
Whether you’re a billionaire or just trying to protect your financial future, this case shows the risks of leaving support agreements vague or undocumented.
If you’re going through a divorce in New York, here’s what you need to know:
- Document everything. Don’t rely on verbal agreements.
- Seek temporary support if you’re financially dependent and the divorce is still pending. This means going to court and asking the Judge for temporary support.
- Negotiate fair post-divorce maintenance based on lifestyle, duration of the marriage, and earning disparity. Yes, the statute has reduced support to a mathetical calculation, but you can still try to push for better or different terms.
- Consider a pre or post nuptial agreement—to avoid costly litigation later. See this article about prenups: https://nydivorcefacts.com/prenuptial-agreements/
Need Help Navigating Spousal Support?
Call Port and Sava at (516) 352-2999 for a free 15-minute telephone consultation.
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