Gary Owen and Kenya Duke Divorce | Divorce Lawyer Comments

See Mason’s comments below. For follow up, see Mason’s Media Page.

Gary Owen and Kenya Duke divorce after 18 years.

Gary Owen and Kenya Duke Divorce

American comedian and actor, Gary Owen, is known for his movie roles in Daddy Day Care (2003), Think Like a Man (2012), Ride Along (2014) and others.[i] His big break came in 1997 when he appeared on BET’s Comic View.[ii]

Born in Cincinnati, Ohio, on July 26, 1974,[iii] Owen’s four years in the Navy [iv] was followed by a stint as military policeman in San Diego where he moonlighted as a stand-up comic.[v] Duke and Owen are the same age and married in 2003.

Duke is known for her work on Aries Spears: Hollywood, Look I’m Smiling (2011), Gary Owen: Breakin’ Out the Park (2008), and DeRay Davis: Power Play (2010).[vi]

By the time Duke filed for divorce, they had been romantically involved for 23 years and married for 18.[vii]

The Owen Kids

Their three children – Kennedy, Austin, and Emilio – are adults. A close knit family, daughter Kennedy, the youngest, is full-sibling to brother Austin and half-sibling to brother Emilio (the biological son of Duke and Emilio Toliver, Sr.). Owen adopted Emilio shortly after the marriage.

The Divorce

On March 19, 2021, Duke filed for divorce in California’s Los Angeles County Superior Court on grounds of irreconcilable differences.[viii]

Although no marital fault is alleged, Duke pointed her social media finger at Owen’s alleged extramarital affairs.[ix] Make note, the couple appeared on Wife Swap (2020), which could have caused marital stress.[x]

Owen’s net worth is estimated to be about $3M, but it’s rumored Duke’s net worth may be more than expected. Online tabloids intimate her net worth could exceed $8M.[xi]

The Alimony

In her request for relief, Duke sought $44,000 in monthly alimony, plus lump sum alimony of $88,000 for the two-month period preceding the divorce action.

Duke pleaded:

Gary and I have been married for over seventeen years. Twenty-three years ago, I left my promising career as an account manager to solely support Gary and his career. Gary made monthly deposits in the sum of $44,000 that I would use to pay for all our bills, credit cards‚ and personal spending for myself and the kids. I am requesting that Gary be ordered to continue making the monthly deposits of $44,000 as that has been our status quo for approximately four (4) years‚ as well as a lump sum payment of $88,000 for the last two months he has failed to provide me with funds.[xii]

She further pleaded:

Gary has been the sole provider for the last twenty-three plus years and continues to make a substantial amount of money (even during COVID)‚ and there is no reason why he should not continue to provide support as he has throughout our marriage. I humbly ask the Court to order Gary to provide me with Support in the monthly amount of $44,000 as that has been the status quo for the last four (4) years.[xiii]

The Settlement Negotiations

Apparently, the parties did not agree on the matter of alimony and payment of household marital debt. Duke claimed Owen routinely earned $200,000 to $400,000 per month and that his income never fell below $100,000/mo. during COVID-19.

Curiously, Duke claimed it was not uncommon to find uncashed checks in the amount of $300,000 to $600,000 sitting around from his stand-up shows. And that Owen deposited the big checks at his discretion.[xiv]

Duke filed her RFO for Support with the court, including a request that Owen pay her attorney’s fees:

I further request that Gary contribute to my attorney’s fees in the amount of $50,000 as I have no income or access to funds to pay my attorney beyond what I have already paid via credit card for which I have yet to pay off.[xv]

Duke borrowed $20,000 from a family friend, she claimed, to pay the family’s American Express and household bills.

Mason Comments on the Legal:

In a social media post, Duke stated, in part:

Everyone of these hoes that used my half of the money will be in court.

Gary Owen’s Estranged Wife Tells His Alleged Mistress to Lawyer Up, Ny MaGee, eurweb.com.

Whether in a celebrity divorce or not, it is common for the non-cheating spouse to take the deposition of the persons with whom their spouse had a relationship. Why do this if the affair is already admitted? From a legal perspective, as Duke correctly pointed out, its the money. Courts will almost always find money spent on an adulterous relationship as wasteful and award the non-cheating spouse reimbursement of at least one-half of the funds spent. In most states, this is called dissipation.

What does a divorcing spouse like Owen to do in the face of such financial claims of dissipation? One strategy preferred by many divorce lawyers is to admit the relationships and calculate exactly how much was spent. Admit the amount. And if the non-cheating spouse still wants to take the deposition or depositions, so be it.

In general, depositions of third-parties regarding sexual affairs can be pretty boring, unless . . . .

The questions may ask about when sex first happened, how many times, where, and gifts, promises, and money spent. If the cheating spouse told the truth about all of the above, the deposition will be very boring – confirming what the non-cheating spouse already knows from reviewing cell phone records, credit cards, etc. However, the non-cheating spouse should also ask to see if the the cheating spouse gave the third party cash or other valuable assets to hide, whether gift or loan. If that happened and the third-party chooses to tell the truth (and not to commit perjury), the deposition can be very interesting indeed! Then, the focus turns to the potential perjury of the cheating spouse and can seriously impair his or her credibility in court. Credibility is key to surviving a divorce trial. And yes, you can guarantee that third-party will be called to court to testify.

On Spousal Support:

This divorce raises several alimony issues. Duke surrendered her career before the marriage to support her then partner. Is she hinting at pre-marital compensation or palimony? Divorce lawyers representing the supported spouse often try to put the focus on the total length of the relationship, rather than length of marriage. Why do this if living together normally will not count legally when dealing with spousal support? Like chicken soup, it can’t hurt. If there is a trial, this may add a bit of weight to the “entitled to” support argument.

Lump sum alimony seems reasonable in duration, but the amount? Duke asked for the “status quo” amount of $44,000, the same monthly amount Owen provided to pay household and other expenses while they still had at least one minor child.

As grounds for divorce, irreconcilable differences is typical. Publicly, Duke accused Owen of infidelity. Yet both spouses willingly promoted and participated in Wife Swap. Any marital fault in that was shared, consensual, and arguably irrelevant in a celebrity divorce over money. She called him a “deadbeat dad” which Owen strongly rebuked.[xvi] Otherwise, the marriage breakdown does not seem to hinge on a single event or specific extramarital relationship.

On property division:

Certainly, Owen is responsible for at least half of the marital debts (probably most). As for reasonable attorney’s fees, if Duke is financially strapped, then her request for contribution is reasonable. But if rumors of her $8M net worth prove true, then Owen’s $3M would pale by comparison.

For additional comment, see Mason’s Media Page.

End Notes and References:

[i] https://www.fayobserver.com/story/entertainment/local/2019/10/03/navy-veteran-gary-owen-headlining-marquee-comedy-tour/2623729007/

[ii] https://www.thethings.com/gary-owen-kenya-duke-divorce-settlement/

[iii] https://en.wikipedia.org/wiki/Gary_Owen_(comedian)

[iv] https://www.fayobserver.com/story/entertainment/local/2019/10/03/navy-veteran-gary-owen-headlining-marquee-comedy-tour/2623729007/

[v] https://www.vibe.com/gallery/comedy-how-gary-owen-earned-his-hood-pass/

[vi] https://www.imdb.com/name/nm4519500/bio?ref_=nm_ov_bio_sm

[vii] https://atlantablackstar.com/2021/06/11/i-wanted-to-keep-it-private-but-she-didnt-gary-owen-hits-back-at-his-estranged-wife-kenyas-deadbeat-dad-allegations/

[viii] https://www.tmz.com/2021/03/19/comedian-gary-owen-wife-files-for-divorce-split/

[ix] https://eurweb.com/2021/07/09/gary-owens-estranged-wife-tells-his-alleged-mistress-to-lawyer-up/

[x] https://madamenoire.com/1218675/gary-owens-kenya-duke-divorce/