Judge Harold Beeler yesterday said that a prenuptial agreement signed three weeks before the couple's 1999 wedding was valid.
That means Walsh-Smith must leave their posh New York apartment within 30 days and Smith, the multi-millionaire president of The Shubert Organization, the largest theater owner on Broadway, must pay her just £325,000.
Smith yesterday said after the ruling he was 'sorry it had to come to this'.
'I'm happy with the decision of the judge, and I'm happy with the outcome,' he added.
Walsh-Smith didn't see the decision the same way.
'I think it's disgusting,' she said. 'I'm really, really disappointed with the decision.'
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