Tricia Walsh-Smith finally got what she was asking for – she got screwed.
The actress who ranted on YouTube that her elderly Broadway mogul husband wasn’t giving her what she needed in the bedroom, went too far, a judge ruled yesterday – now she’s got just 30 days to vacate their palatial Park Avenue apartment.
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And she’ll get just the $750,000 she agreed to in a prenup with the millionaire.
Walsh-Smith inflicted “cruel and inhuman” treatment on Shubert Organization head Philip Smith when she took their nasty divorce battle to the Internet, state Supreme Court Justice Harold Beeler said in granting Smith a divorce from his wife of eight years.
“The posting of the defendant’s first YouTube video was a watershed event in this marriage, elevating what was still primarily a private dispute into a public spectacle,” the judge wrote.
Smith, 76, “has been publicly humiliated and embarrassed to an unprecedented extent,” Beeler said.
While Walsh-Smith “has thrived on being in the public spotlight,” the respected and very private Smith “has suffered tremendously from this attention,” including “suffering heart problems.”
Walsh-Smith, 52, disagreed with the ruling, as well as Beeler’s upholding the prenuptial agreement that calls for her to clear out of the apartment within 30 days.
“I thought it sucked,” she said. “I’d be better off in Baghdad. President Bush is bringing democracy to Iraq. He should try bringing it to New York.”
She also vowed to appeal – and to keep making videos.
“I’m a warrior. I’m not giving up,” she said. “I’m going to go down swinging.”
Smith, 76, was more low-key. “I’m terribly sorry it had to come to his, but I’m happy with the result,” he said.
The couple tied the knot in October 1999, but the marriage started falling apart in 2006, when Smith gave $1 million each to his daughters while refusing to give Walsh-Smith a nest egg of her own.
He also refused her demands to change the prenup’s terms.
She threatened to humiliate him publicly if he didn’t give in – a vow she made good on after he sued her for divorce and stopped paying her credit-card bills.
In her first video, Walsh-Smith “revealed intimate details of the parties’ marriage and made cruel attacks on her husband and his family,” the judge wrote.
“After revealing that the parties did not have sexual relations due to the plaintiff’s high blood pressure,” she called him at work and told his assistant “to interrupt him and ask him what he wants her to do with his condoms, pornography and Viagra that she claims to have found in the marital apartment.”
Walsh-Smith “may never in her wildest dreams have expected that her video would have been viewed more than 3 million times, but once it became apparent that her video was an overnight sensation, she persisted in exploiting its popularity,” Beeler wrote.
Beeler indicated he might not granted Smith the divorce if not for the videos.
“Had defendant not posted her videos on YouTube, a case could be made that her previous marital misconduct did not rise to the level of cruel and inhuman treatment, a claim that ironically she herself made on YouTube,” Beeler wrote.
Her lawyer, Joseph McCaffery, said they will “definitely” appeal.
“The show’s not over,” he said.