Gastineau v. Gastineau

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

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.