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Happily Ever After What?

Before you try to get divorced, make sure you were actually married.

Traditionally, June is the most popular month to marry. In fact, it is named from Juno, the Roman goddess of marriage, and it was believed that those who married in June would be blessed with prosperity and happiness. This may hold true, if, in fact, you actually got married.

William Jordan Blackmore, entrepreneur and hairstylist to celebrities such as Selena Gomez and Marc Jacobs, has sued his (maybe) wife, Andi Potamkin, for damages of upwards of $2 million in federal court. The lawsuit alleges that Blackmore thought he had married his love in November 2015 at Amangiri, a posh Utah resort. Blackmore claims that three years later, when attempting to separate from Potamkin,  he discovered that he was not actually married. Specifically, he learned that the couple’s yoga instructor officiant was not authorized to perform the Utah marriage and that the union was never made official in Utah or any other jurisdiction.

Blackmore complains that Potamkin’s father assisted his daughter in carrying out the (non)wedding event, which took place over four days and included events such as poker, karaoke, and watercolor-painting classes. Prior to $1 million extravaganza, the father of the (non)bride was apparently concerned as to Blackmore’s perceived slowness in signing a prenuptial agreement. Mr. Potamkin’s wealth is estimated at $150 million and he is the head of the famed Potamkin Automotive Group. It has been reported that he personally has been involved in his own litigation related to his own prenuptial agreement.

In this case, Blackmore alleges that he signed the prenuptial agreement, prior to the wedding event. It has been reported that the parties, amidst the present lawsuit, now seek to recognize the union in the State of Utah. In the Brooklyn case, Blackmore is seeking $2 million in damages and to have the prenuptal agreement declared non-binding.

The Blackmore-Potamkin case reads like a bar exam fact pattern. There are potentially issues of fraud, inducement, inheritance rights, and contractual obligations. It would also seem that it is a basic lesson in family law. Individual states dictate their own requirements for a marriage. Generally, certain documents are required in order to get married. Once the marriage license is received, there may be a waiting period until an actual ceremony may take place. Some states used to even require blood tests. Of course, there are age requirements to marry, unless your parent consents on your behalf.

Generally, to get married, a couple applies for a marriage license and then has some kind of ceremony, either civil or religious. If civil, it is before a judge or a court clerk. If religious, a rabbi or minister who is qualified by the state performs a marriage. Following the ceremony, the officiant files the marriage certificate with the local clerk that is signed by the couple and perhaps witnesses, depending on the state. The marriage certificate states that you are, in fact, married. If it is not filed with the local clerk, whether the marriage occurred is questionable.

In my trusts and estates practice, questions related to marriages occur in the context of inheritance. Often an individual dies and a surviving spouse makes a claim against the decedent’s estate. As there is no requirement to inform your family and friends of your marriage, surviving relatives are often surprised by the news that a wedding occurred without their knowledge. In many states, a spouse need not be listed in a last will and testament in order to receive from the decedent’s estate. The survivor may elect against the estate to be granted a part of the inheritance because as a general rule, estate laws prevent one from totally disinheriting a spouse. There exists much estate litigation centered around whether or not a couple was actually married upon the decedent’s passing, including questions as to marriage abroad, religious marriages, and common law marriage.

In the Potamkin case, however, it is not death that has sparked a debate as to the marriage’s qualifications. The couple has decided to part ways. Any contractual dissolution, including that of a marriage, comes with the division of assets. Potamkin and Blackmore are surely assessing their prenuptial agreement as to how each one fares in the event of dissolution. Further, the parties are must be analyzing whether the marriage should or should not exist for strategic litigation purposes. As we head into the height of wedding season, the lyrics of June Bride from the 1954 classic movie, Seven Brides for Seven Brothers, ring familiar: “Oh, they say when you marry in June you’re a bride all your life.” Just make sure you complete and file all the right paper work.


Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at [email protected]

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