We were in the courtroom on May 31 when the verdict was read and Bijou Phillips wailed as her husband Danny Masterson was convicted of two counts of forcible rape. It was a sound we will never forget.
After Masterson was taken to Men’s Central Jail, Bijou penned a letter to Judge Charlaine Olmedo, hoping that she would give him 15 years to life in prison, and not the maximum 30 years to life.
“I know he has been convicted of serious crimes. But the man I married has only been an extraordinary husband to me and a devoted father to our daughter,” she wrote, and after attending every day of both trials.
So given those expressions of their bond, we admit to being taken aback at the news that on Monday, Bijou filed divorce papers in Santa Barbara County, where the two of them have a farm. But almost right away, we saw people saying that they assumed it was a move that was more about protecting that farm and other assets as Danny’s legal troubles now shift to civil lawsuits.
In 2019, even before he was charged criminally, Masterson was sued by his victims, who also sued the Church of Scientology. That lawsuit was not for the sexual assaults but for the campaign of harassment the women say they’ve been put through after coming forward to the LAPD. That lawsuit, known as Bixler v. Scientology, has been on hold during the trials, but with the sentencing complete it should start up again. (Scientology has already said it plans to stop the lawsuit in its tracks with an anti-SLAPP motion next.)
Also, now that there have been convictions, Jane Doe 1 and Jane Doe 2 have a year, by California law, to file civil lawsuits against Masterson for raping them.
Our attorney Scott Pilutik explained to us last night why Danny and Bijou have reason to file for divorce now before those civil lawsuits get any further.
“With the caveat that I’m not a California matrimonial attorney, and California is a ‘community property’ state (New York, where I practice, is an ‘equitable distribution’ state), and with the further disclaimer that my knowledge of Danny Masterson’s and Bijou Phillips’ assets is limited to media reports, I feel comfortable stating that there could be certain legal and financial advantages for Phillips and possibly even to Masterson to divorcing prior to his incarceration,” Scott says.
“Masterson is facing down civil litigation from some of the same women who served as witnesses in his criminal trial, and given that the burden of proof is lower in civil court, Masterson could easily be subject to sizeable judgments. So it’s in Masterson’s interest to have fewer assets in his name when that day comes. In California, unlike equitable distribution states like New York, community property owned by both spouses can be tapped to satisfy debts, whether the faultless spouse even had knowledge of the debt. I can’t easily tell whether this question is complicated by the fact that the conduct that gave rise to these soon-to-be debts of Masterson occurred prior to the marriage, even if the actual debt hits Masterson during (or after) the marriage.
“In any event, it’s in Phillips’ obvious interest, and possibly even Masterson’s interest, to get large assets (such as, say, a farm) into Phillips’ name, and soon, and a divorce will accomplish that by way of a partition or settlement agreement. If Masterson and Phillips are on the same page, the more assets are divided in a way that favors Phillips, the less will be available for plaintiffs.
“Now, if you’re one of civil suit plaintiffs you probably heard this news and thought, ‘Whoa, hold on there, that’s my money that might be going out the window.’ I believe these plaintiffs would want to intervene in the divorce as potential creditors, and I don’t know whether that’s even possible, since whether they’ll even recover one thin dime is speculative, albeit likely. That is, they’re not yet creditors. Perhaps some California matrimonial attorneys can weigh in.”
Thank you, Scott, for at least helping us begin to understand this landscape.
We will, of course, be watching the legal dockets to see how the plaintiffs react, and how much of a fight Bijou is going to be drawn into.
“Ms. Phillips has decided to file for divorce from her husband during this unfortunate time. Her priority remains with her daughter,” her lawyer, Peter A. Lauzon, said in a statement last night. “This period has been unimaginably hard on the marriage and the family. Ms. Phillips acknowledges that Mr. Masterson is a wonderful father to their daughter. She hopes that everyone will respect her family’s privacy in these difficult times.”
Bijou cited “irreconcilable differences” for the divorce, and she’s seeking spousal support and legal fees, and she has asked the court to have her name legally changed back to Bijou Phillips.
She lives with her daughter on a Santa Ynez farm that Danny had been turning into a winery after his work as an actor was ended by the sexual assault allegations. They had also recently sold a Hollywood Hills home for $6 million. How much of that has already been eaten up by Danny’s criminal defense is something that may come out in the litigation.
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If only this was because Bijou is actually coming out of both brainwashes on 1) Danny being a rapist and 2) Scientology helping cover it up. I highly doubt it though...
This divorce is completely consistent with the mindset of scientologists. Protect your assets over everything else. If Bijou really cared about her daughter she would announce she is “leaving Scientology” and divorcing Masterson in that order. Her lawyers statement “Her priority remains with her daughter” is disingenuous. Why would Bijou want anything to do with an organization that defended a rapist? Katie Holmes did it right because she saw how scientology warped a child’s education and growth.
I have a feeling this divorce plan was in the works even before the guilty verdict was handed down. It is sad for Masterson’s daughter. Time will tell if Bijou is really sincere about the safety and sanity for her daughter. I hope she is because she will leave the cult.