The Return Of the Blues

The Massachusetts Supreme Judicial Court decided a divorce case involving the widow of John Belushi.

In late December, 1988, the husband, who had previously been married, and the wife, a widow, “agreed to marry and discussed that a premarital agreement was necessary to protect various assets each had acquired, including intellectual property rights they intended to exploit or continue to develop in the future and that each wanted to protect in the event of divorce, separation or death.” The wife had valuable real property located in Martha’s Vineyard as well as an interest in her parents’ house in New Jersey. The wife also had valuable intellectual property rights, including rights she inherited from her late husband, the actor/comedian, John Belushi. While the wife had achieved some success in her own right as an author, writer, producer, and speaker, her income was derived primarily from royalties and residuals from the intellectual property rights she inherited from Belushi.

The husband is involved in the entertainment industry and, prior to the marriage, had, among other things, written, produced and co-directed a successful television miniseries, produced a concert television special, and written scripts or concepts for several full length screenplays, one of which was sold to a studio. The husband had also negotiated various business transactions regarding production, residual rights, and intellectual property and royalty payments for himself and his production company.

The great comedian may be gone but the  money stream continues

The wife stated that her right to receive the royalties and residuals, as well as her right to exploit the name and likeness of her late husband and the Blues Brothers, represent valuable assets, albeit assets that are difficult to value as it is “impossible to predict with any degree of accuracy what income stream they might generate in the future.” Although there was fluctuation in the amounts of income received by the wife from her intellectual property interests, the amounts were substantial.

The court here affirmed the enforcement of the prenuptial agreement over the husband’s objections and dismissed his request for sanctions. (Mike Frisch)