Separation rumors have started to swirl around Tori Spelling and husband Dean McDermott after reports of infidelity on the part of McDermott surfaced in December. The couple have four children — Liam, 6½, Stella, 5½, Hattie, 2, and Finn, 15 months — and according to sources close to Spelling, her main goal right now is to keep her marriage intact for the sake of her family.
“She’s staying strong for her kids. She’s all about her family. She worships those kids,” one of Spelling’s friends told People. “I don’t know if she’s strong enough to leave him right now with everything she’s going through and four young kids,” the friend further noted. “She could stay with him or not. God only knows.”
Spelling and MacDermott have been married for eight years (they wed in 2006). What’s most at the stake if the two divorce? Child custody. There are conflicting reports as to whether or not the couple ever signed a prenuptial agreement before taking their wedding vows. However, even if a prenup exists, it would not be able to address custody and parenting time/visitation. Prenuptial agreements are designed to protect financial interests and property in the event of a divorce. In New Jersey, a prenup is an important way to protect premarital assets and ensure that property is deemed exempt from equitable distribution.
Determining child custody requires putting “the best interests of the child” first. Under family law, “best interests” is something to be decided at the time custody is sought, and not predetermined years before a child is even born. A child’s relationship with each parent, how much time the child typically spends with each parent, a parent’s work schedule, and other factors are looked at in creating the best custody and parenting time arrangement possible for children. For a full list of NJ child custody factors, see our article, “New Jersey Child Custody Arrangements.”
What does the future hold for Spelling and McDermott? Hopefully, whatever problems the couple has encountered can be resolved. However, if this is not to be the case, it seems that Spelling has already put her focus where it needs to be: on her kids.