So how much is Wendi going to get?

Ex-Murdoch files.

News arrived yesterday afternoon that the marriage between an 82-year old billionaire media tycoon and his 44-year old employee-wife (younger than two of his children) has, surprisingly, not worked out. Yes, Rupert Murdoch has filed for divorce from Wendi Deng, who bravely threw herself between her hubbie and a shaving-foam pie, citing "irretrievable breakdown".

Murdoch is worth a mere $12 bn - so how much of that does Deng stand to get? As Murdoch has filed in New York, we may never know - they are tight on the privacy of settlements. If Deng stars wearing diamond-studded solid-gold skirts, you can guess it's quite a lot.

But was he wise to file in New York? As Spear's reported late last year, "The courts of London and New York share reputations as being receptive to large divorce claims." If you look at the five legal cases which have shaped modern English divorce (the fifth of which was only delivered this week), English law definitely favours the poorer party, from using a 50/50 starting point to "piercing the corporate veil". English courts also take all assets into account.

By contrast, Suzanne Kingston and Michael Gouriet of Withers wrote, 'New York courts follow a different approach, identifying property of the parties as being either "marital property" (which generally includes assets earned during marriage) or "separate property." New York courts will "equitably distribute" the "marital property," but not the "separate property" (which generally includes pre-marital assets and inherited assets).

Always innovative, however, New York courts have expanded the traditional notion of "marital property" to include (and have placed very significant values on) various "intangible assets" such as educational degrees and professional licences, as well as business "enterprise value", and certain types of appreciation on "separate property".

So a New York settlement looks like it will have many more boxes to tick, rather than a "simple" pile-up of assets.

Finally, prenups are much longer established in America than in England, where they weren't given legal weight until the case of Radmacher v Granatino in 2010. In fact, they are not binding in England if their terms are felt too unfair (however a judge construes that), so their recent validity is susceptible to undermining.

Their two children will have to be taken into account, too: courts will ensure that they are provided for, even if (as is highly unlikely) they were ignored in a prenup.

It is probably easy to predict that Deng's settlement will be more than sufficient for most, but within that great range of millions-to-billions, there are an awful lot of points a judge might choose to stop at.

Update: Reuters reports on another billionaire tycoon divorce, of Harold Hamm (money from Continental Resources oil co) from Sue Ann. They do not, say Reuters, have a pre-nup, which means his $11 bn fortune is up for grabs. The piece is worth a read to see how things might have looked for the Murdochs.

This story first appeared on Spears magazine

In happier times. Photograph: Getty Images

Josh Spero is the editor of Spear's magazine.

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Donald Trump ushers in a new era of kakistocracy: government by the worst people

Trump will lead the whitest, most male cabinet in memory – a bizarre melange of the unqualified and the unhinged.

“What fills me with doubt and dismay is the degradation of the moral tone,” wrote the American poet James Russell Lowell in 1876, in a letter to his fellow poet Joel Benton. “Is it or is it not a result of democracy? Is ours a ‘government of the people by the people for the people’, or a kakistocracy rather, for the benefit of knaves at the cost of fools?”

Is there a better, more apt description of the incoming Trump administration than “kakistocracy”, which translates from the Greek literally as government by the worst people? The new US president, as Barack Obama remarked on the campaign trail, is “uniquely unqualified” to be commander-in-chief. There is no historical analogy for a President Trump. He combines in a single person some of the worst qualities of some of the worst US presidents: the Donald makes Nixon look honest, Clinton look chaste, Bush look smart.

Trump began his tenure as president-elect in November by agreeing to pay out $25m to settle fraud claims brought against the now defunct Trump University by dozens of former students; he began the new year being deposed as part of his lawsuit against a celebrity chef. On 10 January, the Federal Election Commission sent the Trump campaign a 250-page letter outlining a series of potentially illegal campaign contributions. A day later, the head of the non-partisan US Office of Government Ethics slammed Trump’s plan to step back from running his businesses as “meaningless from a conflict-of-interest perspective”.

It cannot be repeated often enough: none of this is normal. There is no precedent for such behaviour, and while kakistocracy may be a term unfamiliar to most of us, this is what it looks like. Forget 1876: be prepared for four years of epic misgovernance and brazen corruption. Despite claiming in his convention speech, “I alone can fix it,” the former reality TV star won’t be governing on his own. He will be in charge of the richest, whitest, most male cabinet in living memory; a bizarre melange of the unqualified and the unhinged.

There has been much discussion about the lack of experience of many of Trump’s appointees (think of the incoming secretary of state, Rex Tillerson, who has no background in diplomacy or foreign affairs) and their alleged bigotry (the Alabama senator Jeff Sessions, denied a role as a federal judge in the 1980s following claims of racial discrimination, is on course to be confirmed as attorney general). Yet what should equally worry the average American is that Trump has picked people who, in the words of the historian Meg Jacobs, “are downright hostile to the mission of the agency they are appointed to run”. With their new Republican president’s blessing, they want to roll back support for the poorest, most vulnerable members of society and don’t give a damn how much damage they do in the process.

Take Scott Pruitt, the Oklahoma attorney general selected to head the Environmental Protection Agency (EPA). Pruitt describes himself on his LinkedIn page as “a leading advocate against the EPA’s activist agenda” and has claimed that the debate over climate change is “far from settled”.

The former neurosurgeon Ben Carson is Trump’s pick for housing and urban development, a department with a $49bn budget that helps low-income families own homes and pay the rent. Carson has no background in housing policy, is an anti-welfare ideologue and ruled himself out of a cabinet job shortly after the election. “Dr Carson feels he has no government experience,” his spokesman said at the time. “He’s never run a federal agency. The last thing he would want to do was take a position that could cripple the presidency.”

The fast-food mogul Andrew Puzder, who was tapped to run the department of labour, doesn’t like . . . well . . . labour. He prefers robots, telling Business Insider in March 2016: “They’re always polite . . . They never take a vacation, they never show up late, there’s never a slip-and-fall, or an age, sex or race discrimination case.”

The billionaire Republican donor Betsy DeVos, nominated to run the department of education, did not attend state school and neither did any of her four children. She has never been a teacher, has no background in education and is a champion of school vouchers and privatisation. To quote the education historian Diane Ravitch: “If confirmed, DeVos will be the first education secretary who is actively hostile to public education.”

The former Texas governor Rick Perry, nominated for the role of energy secretary by Trump, promised to abolish the department that he has been asked to run while trying to secure his party’s presidential nomination in 2011. Compare and contrast Perry, who has an undergraduate degree in animal science but failed a chemistry course in college, with his two predecessors under President Obama: Dr Ernest Moniz, the former head of MIT’s physics department, and Dr Steven Chu, a Nobel Prize-winning physicist from Berkeley. In many ways, Perry, who spent the latter half of 2016 as a contestant on Dancing with the Stars, is the ultimate kakistocratic appointment.

“Do Trump’s cabinet picks want to run the government – or dismantle it?” asked a headline in the Chicago Tribune in December. That’s one rather polite way of putting it. Another would be to note, as the Online Etymology Dictionary does, that kakistocracy comes from kakistos, the Greek word for “worst”, which is a superlative of kakos, or “bad”, which “is related to the general Indo-European word for ‘defecate’”.

Mehdi Hasan has rejoined the New Statesman as a contributing editor and will write a fortnightly column on US politics

Mehdi Hasan is a contributing writer for the New Statesman and the co-author of Ed: The Milibands and the Making of a Labour Leader. He was the New Statesman's senior editor (politics) from 2009-12.

This article first appeared in the 19 January 2016 issue of the New Statesman, The Trump era