Love Means Never Asking for a Kidney

I read this hilarious (yet pathetic) article in the Seattle Times newspaper today.

Divorcing Husband Wants Kidney Back

Apparently, this guy gave his wife a kidney when they were still married and in love and everything. Now that they are going through a divorce, he wants his kidney back. And here's the best part: he's put a value of $1.5 million on the donated kidney.

I can't make this stuff up.

Of course, the peanut gallery thinks he's an idiot (although stated in more polite terms). But this guy really thinks he has a case, and apparently so does the Supreme Court of Mineola, NY, where the case is being heard.

I don't know what's sadder: that the husband is pulling some crap like this, or that the state Supreme Court is actually entertaining the crap. I love seeing my tax dollars hard at work; don't you?

Somehow, I don't think they cover this specific topic in law school. I mean, how do you sit across from your client's soon-to-be-ex and keep a straight face with something like this?

"As to the possessions acquired during the course of this marriage, my client would like to keep the summer house in Tahoe, half of the joint IRA, and reclamation of the kidney donated to save his wife's life."

Which makes me wonder what would happen if this had occurred in a community property state, like California or Louisiana? Under community property law, only assets acquired during the marriage are eligible for division during a divorce (I used to work for a family law attorney in California. :D). Dude's kidney was his BEFORE the marriage...so it wouldn't be eligible as community property. He technically gave it as a gift, and gifts aren't listed as community property, either.

Speaking of gifts...since dude is putting a $1.5 million price tag on his kidney, that makes him liable to the IRS since one is not allowed to give gifts over $15,000 without having to pay taxes on it. So he's kind of committed a bit of tax fraud.

(mind you, I don't work for the IRS, nor do I play an IRS agent on TV).

People, this is why you get a prenuptial agreement. Spell out AHEAD OF TIME, while you and your significant other still have happy feelings, how you want to divvy things up (including body parts) in the event of divorce. Your bank account (and kidneys) will thank you.

Thanks for stopping by.