Family Matters

Do Travis Kelce and Taylor Swift Need a Prenuptial Agreement?

While engagements and weddings seem to be everywhere right now, none has received more recent attention than the engagement of Taylor Swift and Travis Kelce.  As a divorce lawyer, one of my first thoughts was, “Well, they better have a prenup!”  When one of the world’s most successful musicians marries one of the world’s most well-known football players, a prenuptial agreement should be non-negotiable for both of them.  While we all hope that they will have a long and happy marriage, a divorce could be messy and complicated due to complex financials, high net worth and public visibility.  Therefore, it is important to plan ahead.  So, what should these two celebrities be considering as part of any agreement they agree to sign?

1. As public figures, both Taylor and Travis should consider strong confidentiality provisions as part of a prenup.  This would include terms preventing disclosure about financial issues, but could also include language to keep disputes and details out of the press and off social media.
2. Protecting Premarital Wealth. As with many prenuptial agreements, both parties would likely want to protect any assets they have acquired prior to the marriage from being subject to distribution in divorce.  While state laws vary, in some states, like Pennsylvania, the increase in value of these marital assets would generally be considered marital property subject to division if not excluded by a prenuptial agreement.
3. Placing limits on alimony. In many jurisdictions, alimony is income-driven.  So, while right now both Travis and Taylor make significant income, that could change in the future.  Placing limits on support awards as part of a prenuptial agreement could help prevent extensive litigation or stunningly large alimony awards in the event of divorce or separation.
4. Addressing Special Circumstances. In Taylor’s case, there is no doubt she would want to protect rights to her music in the event of divorce.  Therefore, a prenuptial agreement could be designed to include terms allowing her to retain all rights to her music, royalties, etc.

While many people do not see prenuptial agreements as a romantic gesture, they can pave the way for smoother handling of finances once celebrities are wed.  Therefore, in the language of Taylor Swift, even when “Sparks Fly”, you should “Speak Now” and insist on a prenuptial agreement.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.