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Gastineau v. Gastineau

151 Misc. 2d 813, 573 N.Y.S 2d 819 (1991)

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Gastineau v. Gastineau

New York Supreme Court

151 Misc. 2d 813, 573 N.Y.S 2d 819 (1991)

Facts

National Football League (NFL) player Marcus Gastineau (Mark) (defendant) married Lisa Gastineau (plaintiff) in 1979. During their marriage, which produced one child, Mark and Lisa purchased homes in New York and Arizona, several luxury cars, and other expensive items. Lisa commenced an action for divorce in 1986. Later, Mark became involved with another woman. The woman was diagnosed with cancer, which distracted Mark from his football career. Six games into the 1988 season, Mark broke his $775,000 contract to spend more time with the woman. Because NFL players generally played 16 games per season and received a payment of one-sixteenth of the contract total after each game, Mark left $484,437 of his contract (or payment for 10 games) unearned. When the case was tried in the New York Supreme Court of Suffolk County, the New York home had equity of $264,000 and there was no equity in the Arizona home. Testimony established that Lisa had supervised renovations of the New York home, accompanied Mark on the road, and cared for their child. The court issued a pendente lite order with which Mark failed to comply, leaving him $71,707 in arrears.

Rule of Law

Issue

Holding and Reasoning (Leis, J.)

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