Fresh Loaf

Sheree Whitfield, one of stars of the Bravo’s televised clusterfuck “The Real Housewives of Atlanta,” will appear in Georgia Supreme Court on Monday to argue a Fulton County court’s refusal to grant her alimony and a new trial.

In court documents, Sheree’s attorneys say the lower court erred when it didn’t grant alimony to the reality-TV star. Her ex-husband, Bob, is a former Atlanta Falcons player who now operates several successful businesses, including a recording studio that earns him $50,000 annually.

His lawyer says Sheree has received more than enough compensation and is delaying a move out of the $2.6-million Sandy Springs residence awarded to her in the divorce.

“The trial court left no stone unturned in regard to determining the assets and incomes of the parties,” [Bob Whitfield's] lawyer argues in the briefs. From the divorce, she receives a total yearly income of $113,422. In addition, she gets a portion of three NFL retirement programs. His attorney argues she should be fined $2,500 for bringing a frivolous appeal solely for the purpose of delaying the time when she’ll have to vacate the Sandy Springs home.

Whitfield, as we’ve mentioned, is one of the four “real housewives” who’ve recently fallen on hard times, and in the process, become even more “real.” The television show was recently picked up for a second season by Bravo and is sure to be another trainwreck of exurban charity dinners, awkward cocktail parties and montages of makeup-caked women getting pedicures. It will be a triumphant success.

Full summary of the Whitfields’ case, including numbers, names and a smorgasbord of factoids, follows after the jump.

WHITFIELD V. WHITFIELD (S09F0104)

The ex-wife of a former Atlanta Falcons football player is appealing a Fulton County court’s refusal to grant her alimony and a new trial. Under a 2003 pilot project, the high court has agreed to review all challenges to final divorce decrees that are not deemed frivolous.

FACTS: Bob and Sheree Whitfield separated after three years of marriage in 2003 and divorced after seven in 2007. They have two children, who were 8 and 11 at the time of the divorce. Bob Whitfield, 36, is a recently retired NFL player who once played for the Atlanta Falcons. Sheree Whitfield currently appears on the popular reality TV show, “Real Housewives of Atlanta.” The trial court awarded her custody of the children and $2,142.87 a month in child support. It also awarded her a division of the marital property totaling more than $1.1 million and including a lump sum payment of $775,000. It gave her half of the marital portion of three NFL retirement plans. But the court did not award alimony. The court awarded him nearly all the real estate, including four homes, and the recording studio, Patchwerks, which he founded. Her lawyers moved for a new trial over the denial of alimony. The lower court denied the motion, and she now appeals to the Supreme Court.

ARGUMENTS: Her attorneys argue that based on her lack of education and inability to earn income, the court abused its discretion by not awarding alimony and then ordering her and the children out of their $2.6 million home in Sandy Springs. Under state law, the trial court must consider a number of factors in determining the amount of alimony, including the standard of living established during the marriage, the duration of the marriage, the financial resources of each party and the time necessary for a party to acquire sufficient education and training to get a job. Her ex-husband not only received an $8 million signing bonus as part of a $30 million six-year contract, but he is also a sophisticated businessman with investment properties in Costa Rica, California and Atlanta, as well as founder and owner of a “world-class” recording studio, from which he draws $50,000 annually. To enhance his earning power, he has returned to Stanford University. She, on the other hand, has devoted her time to raising the couple’s two young children. The clothing boutique she managed for a brief time, “Bella Azul,” quickly failed under her management and oversight, her attorneys point out. With only a high school degree, she depended on her husband, with whom she had been in a relationship for 14 years. Despite her lack of education, marketable job skills and employment prospects, the court wrongly denied her alimony, even though her husband’s monthly income is almost 12 times her. The failure to award alimony is also contrary to the best interests of the children, her attorneys contend. Without alimony, she cannot afford to buy another home in the neighborhood where they have grown up, have friends and go to school.
His attorney argues that even though the marriage was “very short-term,” she was awarded 48 percent of the marital estate and a part of three retirement plans. Alimony is authorized but not required under state law, and the trial court did not abuse its discretion by not awarding any to her. “The trial court left no stone unturned in regard to determining the assets and incomes of the parties,” his lawyer argues in the briefs. From the divorce, she receives a total yearly income of $113,422. In addition, she gets a portion of three NFL retirement programs. His attorney argues she should be fined $2,500 for bringing a frivolous appeal solely for the purpose of delaying the time when she’ll have to vacate the Sandy Springs home.

Attorneys for Appellant (Sheree): Michael Weinstock, John Wilson, David Weinberg
Attorney for Appellee (Bob): Christopher Olmstead

Bookmark It

Posted in News | Add a comment

Tags: alimony, Atlanta-Falccons, bob whitfield, Bravo, Bravo TV, Divorce, Georgia-Supreme-Court, Lawsuits, Real Housewives of Atlanta, Sandy-Springs, Sheree Whitfield, State-Supreme-Court.