Bethenny Frankel Is the ‘Breadwinner’ Wife; Ex Jason Hoppy Will ‘Probably Seek Substantial Child Support,’ Says Lawyer

After almost three years of marriage, Bethenny Frankel and Jason Hoppy have parted ways.

“This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family,” Frankel said in a statement Sunday.

“We have love and respect for one another and will continue to amicably co-parent our daughter who is and will always remain our first priority. This is an immensely painful and heartbreaking time for us.”

Though neither party has filed papers as of yet, it’s not secret “Bethenny is the breadwinner,” entertainment attorney Mychal Wilson told Celebuzz. “Jason would probably seek child custody support, which could be substantial.”

But Frankel and Hoppy’s divorce proceedings are likely to be dictated by their prenuptial agreement, which the former Real Housewives of New York City star has been mentioned before on her hit Bravo solo spinoff, Bethenny Ever After.

“When a court rules upon divorce, they assess assets acquired before marriage and during marriage,” said Wilson. “[But] the assets for Skinnygirl get more complicated…. If [Jason] contributed to help her grow her business and brand, he may say, ‘I am entitled to some of this.’”

Frankel famously sold her Skinnygirl cocktail business for a reported $120 million in 2011, she continues to be a presence in the brand. And the reality-star-turned-mogul still has many successfully ventures to call her own, from her New York Times best-selling diet-advice books to her new Fox talk show, Bethenny.

The couple’s prenup likely protects such money-making assets, explained Wilson. “It’s a legal binding agreement.”

But a few loopholes lie in the laws of divorce, which differ by state in the United States. “Let’s say, she did not fully disclose all of her assets,” Wilson said. “[If] she knew she was going to get the talk show, [or] if she had any idea, it would [be] grounds [for him] to contest [the prenup.]”

Even infidelity could throw a wrench into the terms of the prenup. “He may be able to contest the prenup [with] allegations of infidelity, [which] would be advantageous to him and may make a portion of the prenup invalid,” Wilson explained. “Usually adultery would weigh on the mind of the judge, as well as division of assets and the child.”

Hoppy could even take it a step further, with claims that the marriage was no more than a hoax to help “promote her brand and to make her richer,” Wilson said. “So if he says the marriage wasn’t real, then the prenup should be declared invalid. And he could get 50-50.”

But it’s all too soon to say how the union will be dissolved. “They may do it amicably…[or even] work out a deal like Katie Holmes and Tom Cruise,” Wilson said, referencing how Holmes and Cruise reached a surprisingly speedy divorce settlement after just 11 days earlier this year.

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