If at first you don't succeed - try, try again. This seems to be the motto of Paypal founder, Elon Musk, and actress, Talulah Riley, as it relates to both marriage and divorce. Elon Musk and Talulah Riley to Divorce, Again, by Michael Miller, people.com, March 21, 2016. The parties originally married in 2010 before divorcing in 2012. In the divorce settlement, Musk paid Riley $16 million in cash and other assets, while the rest of their property was divided according to a prenuptial agreement. Musk and Riley remarried in 2013 and Musk filed for divorce again in 2014. He subsequently withdrew that divorce petition, but Riley filed for divorce this week. It remains to be seen whether this divorce will stick.
If this most recent divorce action continues, any settlement will be completely separate from that of the first divorce. The $16 million Riley received from the first settlement will be considered her separate property, if she didn't comingle it with marital assets after the parties remarried. Thus, she will get to keep it in addition to her share of any marital assets. The prenuptial agreement that governed the first marriage will also not apply in this second divorce. If the parties signed another prenuptial agreement upon entering into the second marriage, that document would govern. If no second prenuptial agreement was signed, the marital assets will all be considered community property (since the divorce is in California) and will be divided accordingly. Because of the amount of money and assets between these two people, it would behoove them to truly think about whether they want this divorce and, if the idea of remarriage presents itself a third time, whether they want to enter into another marriage with each other.