Gastineau v. Gastinea

573 N.Y.S.2d 819 (1991)

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Nature of the Case

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Facts

H and W were married in December 1979. This action was commenced in September 1986. W is thirty-one years old, and H is thirty-four. The parties have one child, Brittany, born on 11/6/82. The parties married just after H had been drafted by the New York Jets to play professional football. W was a sophomore at the University of Alabama. W never completed her college education, nor did she work during the course of the marriage. H and W purchased a house in Huntington, New York for $99,000.00. In addition to the purchase price, they spent another $250,000.00 for landscaping and other renovations. This money came from the H's earnings as a professional football player. From 1979 until 1988, H's earnings went from $55K per year to almost $1 million. H earned monies in excess of his NFL contract salary as a result of promotions, advertisements, and bonuses. In 1985 H and W purchased a home in Scottsdale, Arizona for $550,000.00. They acquired many luxury items including a powerboat, a BMW, a Corvette, a Rolls Royce, a Porsche, a Mercedes and two motorcycles. They continually had a housekeeper who not only cleaned the house but prepared the parties' meals. In addition, the parties frequently dined out at expensive restaurants. W testified that as a result of this lifestyle she has become accustomed to buying only the most expensive clothes and going to the best of restaurants. In 1988, H began an illicit relationship with Brigitte Nielsen. Nielsen was diagnosed as having cancer and H broke his contract with the NFL after the sixth game of the 1988 season. H went to Arizona and remained with Nielsen while she underwent treatment for cancer. There was no testimony offered by W to establish that H would have been re-signed by the New York Jets for the 1989/90 season had he not broken his contract. H testified that his chances of obtaining employment with a professional football team are almost nil. Since H left professional football, he has not worked or earned any money, except for $20,000.00 that he earned when he played football in Canada. Nielsen paid for all of H's expenses during the period of time that they lived together.