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Arnold's Divorce Response

Conflict Over Support

7/21/2011 9:41 AM PDT BY TMZ STAFF

TMZ has learned ... Arnold Schwarzenegger has filed his response to Maria Shriver's divorce petition, and the former couple is at odds over whether Maria should get spousal support.

Arnold Schwarzenegger

Arnold's lawyer, Bob Kaufman, checked the box on the legal docs asking the judge to terminate any right on Maria's part to get spousal support.  Maria asked for spousal support in her petition.

Arnold -- like Maria -- is asking for joint custody of the couple's two minor children.



And there's another conflict.  Maria is asking Arnold to pay for her attorney's fees.  Arnold's response asks that the judge make each party foot the bill for their respective lawyers.

TMZ broke the story ... there is no prenup, so under California law both Arnold and Maria are entitled to a 50/50 split of all earnings and property accumulated during their 25-year marriage.  The two are estimated to be worth around $400 million.

Fact is ... since -- as we first reported -- Arnold will get the very expensive family home -- Maria will probably end up with at least as much if not more cash than Arnold, so spousal support may become a non-issue ... especially since Arnold isn't earning any real money right now.



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86 COMMENTS

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46.

Chris    

$200mil in devorce split and she wants spousal support!? WTF is that!!?? She's also more than capable of WORKING if she can't live on $200mil...

1086 days ago
47.

Bird    

Arnold is a real piece of sh*t. Not only did he cheat on his wife, he actually went and got another woman pregnant. He should feel lucky Maria stayed with him as long as she did. I think she deserves half of everything they acquired during their marriage just for having to deal with his bullsh*t.

As far as spousal support goes, no, I don't think she should get spousal support. If she's awarded half of all his assets, why would she need more money? Take half of all his sh*t and call it good.

1086 days ago
48.

who cares    

She shouldn't get support but he should be paying all legal expenses and everything they earned together is 50/50. Maria would have no problem finding a job infact has probably been offered a few. So any spousal payment would end once she starts working. You can bet Oprah has offered her a job already. I dont see a judge given her spouse payment but certainly making him pay the legal fee's as he created the mess.

1086 days ago
49.

kadi    

I think when one spouse CAUSES the divorce then that spouse should definately pay the legal fees. The old adage that "it takes two" is total BS. As for the Spousal Support....I think he owes her! He would not have been Governor w/o Maria!!!! And probably not even a mega star semi-actor.

1086 days ago
50.

kadi    

Come on Arnie all those years of lying, sneaking & cheating and public humiliation AND riding on the Kennedy/Shriver coat tails, should be worth something, s*** bag! I will never watch any of his movies ever again. Teach your kids how to be a man or is it too late....

1086 days ago
51.

Cydney    

The original filing was for irreconcilable differences with no amendment stating adultery. In addition, if it did then the maid Mildred Baena could also be listed and she could be sued by Maria. However, then this would open the door to baby mama testifying just exactly when the affair happened on the record in addition to how much the wife did or did not know. There's a great deal of 'disso' between the parties' attorneys going on but most times when a wife files for divorce under Adultery, the divorce courts are more generous to the wife when it is proved and the husband 90% of the time pays the legal fees of the wife. But in this case "Adultery and mental cruelty" filing did not occur here. Maybe to save both faces this was agreed to by both of them as well.

1086 days ago
52.

realist    

For the uninformed:

California is a community property state. If only one spouse is earning money, it is still half his/half hers. Maria doesn't have to beg, plead, fight for 50% of their community property assets; it's hers already. This is just a matter for the accountants and the appraisers.

That being said, they can always agree to different terms and come to an agreement outside of court.

California is also a "no fault" state. The transgressions of either party will not be considered in the division of the community property assets, or the award of spousal support or attorneys' fees. It's not even important if those transgressions resulted in the breakdown of the marriage. The only grounds for dissolution in California are Irreconcilable Differences or Incurable Insanity.

1086 days ago
53.

Tess    

Perhaps in this case, it's not right to call it spousal support. It's really punishment for being an azzhole.

1086 days ago
54.

Raven    

Not only did she give up her career to concentrate on his,IE:as gov. wife,she should get paid for all those yrs,the timeframe beginning when she can prove the affair.Geez, those who thought he was a lowlife for having the affair can't deny he's reached an even newer low with his attitude towards this issue. When you figure in the $ he spent on the maid & her extended family, NOT her son,then Maria should also get THAT with interest.He basically STOLE from the family cash flow,50% of which was Maria's. He's a bigger sleaze than anyone could've imagined. Factor in he thinks he can fight a Kennedy & win....he's absolutely living in a fantasy-land. I can see her career flourishing if she wants one,his is in the crapper.....

1086 days ago
55.

Raven    

Apparently those chiming in that she didn't file the divorce as Adultery surely must know that she can ammend the filing at any time up intil it's heard/finalized. She was being good to him by not going that road, then he turns around & pulls this crap.Guess he knows his career is tanked,huh? He needs the $. She should not only ammend the filing, she should use the strongest filing against him possible. Hell I'd even go after him civily for pain,suffering,even for the kids going through emotional distress. I hope she smartens up.....sometimes you hafta wallow in the mud with the pigs,just to make a point.

1086 days ago
56.

menolikeit    

If she is getting $200 million why does she need spousal support. That is an insane amount of money. She is more than set for life. Thats enough money for 100 familys to live well for life.

1086 days ago
57.

realist    

@Raven,

Huh? Did you even read what I wrote above?

1086 days ago
58.

b.mclane    

None of us know what life with Maria was like. So, unless you do,you cannot judge. At the very least Arnold kept Raptor Jaw around. She HAD TO KNOW.If nothing else her family's history of men cheating on their wives should have been learned by her long ago. But honestly, he earned the $$$....and she will get half.I assure you she has never gone without. To ask for spousal support and kid support on top of getting $200 million???? Well that's down right ....Democratic Party dogma. Just like dear old Uncle Ted. Take what you are owed BY LAW and then SQUEEZE out some more from "the evilllllll rich" just for good measure.

1086 days ago
59.

sky    

These two need to get new boyfriends and get on with life . Boo Hoo i'm worried about how they split up their millions. grow up . lol

1086 days ago
60.

Cujeaux    

Of course the ass can't handle the divorce with any class. This could have been settled out of court with some dignity. Hopefully he will lose more fighting it. Just another dumbass move by a greedy SOB.

1086 days ago
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