Should Taylor Swift Have a Prenup_NJ Estate Planning for the Super Wealthy
The lives of the ultra-wealthy have always piqued the public's curiosity. We are fascinated by their homes, their wardrobes, their careers, and, of course, their life events. And when two big names decide to join their empires? That’s a real headline maker!
Taylor Swift and Travis Kelce are two such names that have been hitting headlines with their long-awaited engagement at the end of August. Swift is one of the most successful—and wealthiest—musicians of all time. Recent estimates put her net worth above $2 billion. Travis Kelce is one of the NFL's most recognizable faces and has played with the Kansas City Chiefs through three Super Bowl wins. Alongside his NFL alum brother, Kelce has been building the Kelce brand and growing an entertainment career.
So, what happens when two big names decide to join forces?
We hope a prenup.
As an estate planning lawyer in New Jersey, Veitengruber Law works with individuals and couples at all stages of life to protect their interests within the legal and financial entanglements of marriage. After engagement and before marriage, it is incredibly common and legally advisable for the wealthy to have a prenuptial agreement in place before getting legally married. Marriage is, after all, a legally binding contract that typically entitles each spouse to the other's assets and property. Once the contract is signed, there is no going back.
While prenuptial agreements have gotten a bad reputation as indicative of ulterior motives or greed, they are the standard, not the exception, for celebrities and the wealthy. Each individual is bringing a sizeable estate into the marriage and wants to protect their assets, brand, and legacy.
So, what does a prenuptial agreement do?
A prenuptial agreement, colloquially known as a prenup, establishes a legal distinction between marital and separate property. Marital property becomes subject to distribution in divorce. In contrast, separate property is not vulnerable to distribution after the termination of marriage. Common marital property includes shared bank accounts, jointly purchased property, and much more. Separate property typically includes assets acquired before the marriage.
For the super-rich, a prenuptial agreement protects them personally, but it also protects their brand and their business. When significant assets include a multi-million-dollar business, a personal divorce can affect the lives and finances of employees. Beyond the material and the now, a prenup can also help protect the legacies of two individuals, both within and outside their marriage.
What makes a good prenuptial agreement?
To be legally enforceable, a prenuptial agreement must have three elements:
1. Signed and in Writing
A prenuptial agreement is legally binding only if it is put in writing and signed by both parties. As far as prenups go, verbal contracts are not valid. The laws governing marriage and asset sharing are well established. To override these legal defaults, a prenuptial agreement must be in writing and mutually agreed upon. Many attorneys will have each individual sign every page of the prenuptial agreement to ensure each party has read the entire agreement and fully understands what they are agreeing to.
2. Total Financial Disclosure
Both parties will need to provide a complete reckoning of their financial situation. This will include all income, assets, earnings, debt, or any other financial liabilities leading up to the signing of the prenuptial agreement. This is meant to offer each individual a clear picture of the other person's financial situation, allowing each party to make an informed decision before entering into marriage and entangling their finances.
This can also allow both parties to negotiate the terms of the prenup to better favor their own position. For example, if one party discovers the other party is carrying a large amount of debt, they may seek to include a clause in the prenup stating that they will not be responsible for any premarital debt. Withholding this information during the creation and signing of the prenup can result in the prenup's dissolution.
3. Voluntary Entry
Voluntary entry is a legal term that means all parties to a contract or legal agreement enter into the agreement knowingly and willingly without coercion, force, or duress. Someone who is mentally incapacitated is not capable of entering into a prenuptial agreement. The use of bribery or other illegal means of coercion can also invalidate a prenup. It is crucial for all parties involved to decide to sign a prenuptial agreement of their own accord.
What can a prenup protect?
A prenuptial agreement can be tailored to encompass a wide range of protections for different assets and situations. If you and your spouse-to-be want to retain control over how your assets are divided, a prenup is the best way to ensure you keep those rights—no matter what happens down the road.
Here are some of the ways prenups can offer future protection:
- Protect Children from a Previous Relationship: When you enter into a new marriage with children from a previous relationship, you may want to protect particular property and assets for your children. Couples may consider setting aside specific property for their children to ensure they are cared for and provided for. Otherwise, one spouse could take a significant share of the other's assets in divorce or upon the other's death, leaving less for the children.
- Predetermine Your Financial Responsibilities: A prenup can detail exactly how you and your future spouse will manage joint accounts, credit cards, household bills, and savings accounts. For the wealthy, this may mean a predetermined spousal allowance. For the everyday person, this may just be a detailed plan for how you will handle debt incurred during marriage.
- Limit Spousal Support: Many prenups outline what spousal support would look like in the event of divorce. Predetermining spousal support can help a couple make a logical decision now so they can avoid costly legal disputes about details later.
While prenups can protect a lot, they cannot make legal provisions for everything. With Nicole Kidman's and Keith Urban's separation and impending divorce, rumors are flying about the conditions of their prenuptial agreement, including an alleged "cocaine clause" precluding both from partaking in drug use.
A prenup cannot cover child custody, custody schedules, and child support. "Lifestyle" clauses cannot be enforced either. Many couples try to include a no-cheating clause. However, most courts do not uphold these clauses, as they are considered to conflict with no-fault divorce principles. Similarly, most courts will not enforce requirements relating to appearance, sex, social activities, religious practice, or substance use.
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The truth is that while the ultra-wealthy may have more assets to protect, everyone can benefit from a well-designed estate plan. You don't need to be Taylor Swift and Travis Kelce to work with an estate planning attorney to protect your assets. Marriage, divorce, death, the birth of a child—all these milestones can change your estate planning needs.
If you are planning on acquiring a prenuptial agreement or solidifying an estate plan with your new spouse, Veitengruber Law can help. From the ultra-wealthy and famous to your average Joe, an estate plan can help you protect your assets, look after your loved ones, and solidify your legacy.




