This is a rush transcript from "On the Record ," May 27, 2008. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, HOST: You have seen this video, this very memorable video. Tricia Walsh-Smith, angry about her divorce, decides to share intimate details of her bitter split with the world. How? Well, by posting it on line, of course. Walsh, a 49-year-old playwright and actress, is in the midst of a divorce from her 74-year-old millionaire Broadway executive husband Philip Smith. Tricia posted this video on YouTube, where it has been viewed more than three million times.
(BEGIN VIDEO CLIP)
TRICIA WALSH-SMITH: My husband is 25 years older than me, and his daughters are around my age. So I signed a pre-nup and he paid for the lawyer who did the pre-nup. And apparently, there's some clause in this pre-nup that he's got -- he's got a thing that he can throw me out in 30 days.
But he has to have grounds for divorce. So he has no grounds for divorce, but he's still trying to throw me out of our apartment in 30 days for no reason. I don't know why.
I'm going to do this video and I'll put it up on YouTube. In fact, I'm going to call him now and -- oh, another thing. We never had sex. He said it was because he had high blood pressure, and he was older than me and I accepted that. Then last year, when we went through this, I found Viagra, porn movies and condoms. So maybe I should call him up and ask him -- just tell him we're filming and ask him what he wants me to do with the condoms. That'd be fun.
We're doing a video for YouTube. I don't know if you know, but you know, Philip and I never had sex. But he's got Viagra and condoms and stuff here, and porn movies. Just ask him what he wants me to do with them, would you?
UNIDENTIFIED FEMALE: Wait, wait, wait, wait, wait! You want me to ask him this now?
WALSH-SMITH: Yes, just ask him what he wants me to do with the condoms and the porn movies and the Viagra. We're filming for YouTube.
(END VIDEO CLIP)
VAN SUSTEREN: We invited Tricia's husband, Philip Smith, to go "On the Record." He declined, and his lawyer sent us this statement. "Our client is a private person who will not discuss his disputes with Tricia or the case in a public forum. He has confidence in the court, and absent a private resolution, which would still be his preference, he will rely on the judicial process to resolve the matter."
And joining us in New York City is Tricia Walsh-Smith. Tricia, I must admit, you know to fight.
WALSH-SMITH: Yes, I'm a warrior.
Watch Greta's interview with Tricia Walsh-Smith
VAN SUSTEREN: I guess so. You went nuclear on this one.
WALSH-SMITH: Well, basically, I had to because he was -- he'd stopped paying the credit card bills, and all the work, all my plays, have been stocked over the years. They get so far in stock, but I was earning no money. He stopped paying the credit cards. I had taken an apartment in London, thinking he was settling outside of the pre-nup, and you know, put down security deposits, et cetera. And I came back, and I was warned he was -- that this 30-day thing had kicked in.
And I got a letter on the Monday saying that he was going to court to throw me out, basically. And so he would give me $50,000 on eviction, $700,000 when the divorce was finalized. And he would never have finalized the divorce, and I would never have been before a judge because I would have been thrown into chaos, confusion, birth certificates (ph). My life would have been an uproar. So...
VAN SUSTEREN: How did you come up with the idea to go to YouTube, to videotaping? I mean, was there sort of a lead-up, or were you trying to negotiate something, the two of you couldn't get along and your lawyers couldn't get along? Or was this just something like one day you thought this would be a good idea?
WALSH-SMITH: Well, he's petrified of the press. He -- that's the only -- that's the only ammo that, really, I've got against him is the press. And last year, he was actually going to Cindy Adams, and she called me that his lawyer had called, and Philip had set up a meeting and they were going to trash me. And she said, You'll never recover, so you'd better talk with me. So I showed her the pre-nup, et cetera, and she did a piece and she basically told Philip to, you know, make peace with me. And it shook him up, and he was going to, and he said he would negotiate outside of the pre-nup.
Then I bumped into her a few months later. She said she'd been through quite a terrible time, and I knew that she would never be in my corner again. I knew most of the New York papers aren't because of the advertising. I mean, I'm really up against giants, so David and Goliath. I mean, really, it's -- it's -- you know, I'm ebullient tonight, but it's really depressing. It's really so depressing.
VAN SUSTEREN: When did you marry him?
WALSH-SMITH: October 1999.
VAN SUSTEREN: What was it about him that made you think you loved him on that day?
WALSH-SMITH: I loved him the minute I met him.
VAN SUSTEREN: Why?
WALSH-SMITH: He had this amazing voice. Hello. (INAUDIBLE) I used to play it over and over to people. And also, he's Irish and my father was Irish. And basically, somebody once said to Sophia Loren, Why did you marry Carlo Ponti and not Cary Grant? And she said, Because Carlo is my culture and he knows me. And I felt that about Philip. We're both Irish Catholic. We go to mass on Sundays. And I always used to say, Oh, the family who prays together stays together. Huh. Joke. So, you know, he was -- you know, he was, like -- he was -- we even liked the same food, and you know, awful, you know, British grub that everybody hates. We loved it.
VAN SUSTEREN: So what happened? I mean, you say that you fell in love with him in 1999. I mean, how do go -- how do you get to this point? I mean, not to the video on the Internet, but, like, what happened to the marriage?
WALSH-SMITH: What happened for this to happen? Basically, you know, he's going to be -- he's -- we have an age difference. And you know, I used to bully him about his weight, et cetera. And I checked out the pre- nup and saw that I wasn't covered if he was incapacitated, so I asked him to make sure I was covered because (INAUDIBLE) you know, it's fine if he died, but if he -- you know, if something awful like a stroke happened, I wasn't and...
VAN SUSTEREN: But is that what -- is that what caused -- I mean, you're madly in love with him in 1999. You have an awful lot in common, both Irish Catholics. There's an age difference, but a lot of people have age differences. And suddenly -- I mean, why did you guys fall out of love? What -- what was the -- it couldn't just be the pre-nup.
VAN SUSTEREN: So it was over money?
WALSH-SMITH: It's all about money, totally all about money. If there was no money involved, he wouldn't be wanting rid of me. We'd be fine. We'd be in the house (ph). It's all about money. He has two daughters and you know...
VAN SUSTEREN: Did he love you in 1999, when he married you, do you think?
WALSH-SMITH: Yes. But we did break up -- we were dating. We met in 1995 and we broke up two-and-a-half years in because he -- I wanted to get married, and his daughters didn't want him to marry me then. So we broke up for a year. Then he came back after a year and we dated about seven or eight months. And then he was buying -- (INAUDIBLE) so we're looking for an apartment. We found apartment we're in now, and I said, I'm not going to live with you unless we're married, you know? So he kind of still struggled a bit against it, but then he got down on his knees, and we got married. But they've -- people have told me they've always been against it, I think particularly the older one.
VAN SUSTEREN: All right. We only have about a minute left. Calling his assistant and saying that you'd never had sex because or telling us on the video that you never had sex because he said he had high blood pressure, and then you called the assistant about Viagra and condoms and put that on YouTube. Any regrets, or do you think that's fair play?
WALSH-SMITH: No because nobody would have taken any notice of me. If I'd just gone on YouTube and said, Boo-hoo-hoo, nobody -- nobody -- it would have probably got 10 hits. So I knew that to get attention to my plight because I am not going to get thrown out on the street at my age. And I've been a victim in my life before. I've done the -- had no money and started again. I'm too old. I don't have another that kind of recovery in me, you know?
VAN SUSTEREN: Well, Tricia, I hope you'll come back because I'm sure there a lot of steps left in this divorce, so it's going to wind through the courts and everything else. And let's just say it's a very interesting way to go about a divorce. It's an unusual way, and we'll be watching on YouTube. Thank you, Tricia.
WALSH-SMITH: Thank you, Greta.
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