When a pop icon and an NFL celebrity fall in love, the world doesn’t simply cheer on the fairy story — they marvel what’s going to be written within the nice print. Now that Travis Kelce has formally popped the query to Taylor Swift, hypothesis is already swirling about what a prenuptial settlement may appear to be for the well-known couple.
Swift is in a monetary league of her personal. The self-made mogul has constructed an estimated $1.6 billion empire, in response to Forbes, from touring, multiplatinum albums, record-shattering streaming numbers and a slew of profitable model partnerships. She (lastly!) owns the rights to her music catalog, no small feat within the trade, together with a powerful actual property portfolio that stretches from L.A. to Rhode Island to New York. Add in merchandise and a stage of cultural affect that virtually prints cash, and also you begin to see why her web price is as carefully watched as her love life.
Kelce is probably not a billionaire, however he’s simply one of many NFL’s highest earners with an estimated web price of round $70 million, per Forbes. The Kansas Metropolis Chiefs tight finish is a two-time Tremendous Bowl champ and future Corridor of Famer, however his enterprise off the sphere is simply as robust. Between endorsement offers with manufacturers like Nike and Pfizer, his $100 million contract for his New Heights podcast with brother, Jason Kelce, and varied investments, Kelce’s monetary playbook is strong and rising.
I spoke with three high divorce attorneys, who broke down what a high-profile prenup for the pair might embody — and the important thing questions each Swift and Kelce must be asking.
Chris Melcher, movie star divorce lawyer
Once you’re Taylor Swift, having “too many” income streams is a really actual (and really enviable) drawback — not less than in the case of planning a prenup.
“As a result of Taylor has so many streams of earnings regarding her work and model, any settlement to share marital earnings might result in a dispute over what these earnings had been,” Melcher tells Yahoo.
In different phrases, when earnings comes from albums, excursions, merchandise, actual property and types, readability is every little thing.
After all, for Swift, crucial asset is her music. Melcher places it bluntly: “A premarital settlement will probably be important to guard the mental property that Taylor creates throughout the marriage.”
With out one, inventive work produced after the marriage may very well be thought of joint property, and within the hopefully unlikely occasion of a divorce, which may imply splitting royalties and even management of her catalog, a nightmare state of affairs Melcher has seen play out for different artists.
“Dividing mental property with a former partner is the final resort,” he says.
One of the best observe, Melcher says, is to maintain every partner’s earnings separate, however possibly earmark a joint account or fund for giant shared purchases (assume: a home, main investments or the occasional non-public island). That approach, a pair can share in one another’s success with out entangling each greenback.
Even with two high-net-worth people, all of it comes right down to being crystal clear about what’s “yours, mine and ours.” Amongst many movie star {couples}, Melcher says, there’s no marital or group property in any respect — besides possibly a joint fund for shared purchases or tasks, so the pair can nonetheless “have one thing collectively as a pair.”
And on the planet of megastars, privateness and fame are as priceless as money. “Due to Taylor’s fame, she’s going to want safety towards disclosure of private details about their marriage or way of life,” Melcher says. The answer, he believes, is NDAs and confidentiality clauses, generally with critical monetary tooth.
Taylor Swift and Travis Kelce on the 2024 Tremendous Bowl. (John Locher/AP)
“It’s much more efficient to have a holdback of money that will be paid to the opposite get together years after a divorce, given that no violation of the NDA occurred,” he says, citing Mel Gibson’s well-known association as a precedent.
When love, cash and fame collide, even the fortunately ever after eventualities require some critical authorized choreography. As Melcher sums up, “Non-disclosure of private info could also be a key element of this settlement. They’ll additionally conform to different dispute decision provisions that will maintain any divorce non-public.”
In the event you assume taking part in within the NFL is excessive stakes, attempt navigating marriage as considered one of America’s most recognizable athletes.
Kelce’s profession isn’t nearly soccer; his monetary future depends on endorsement offers, sponsorships, and a picture that’s as marketable as his gameday stats. In line with household legislation legal professional Grey Ellis, a prenup can do rather a lot to guard that model.
“Most states observe the Uniform Prenuptial Settlement Act, which permits for a contract to restrict or utterly waive pursuits in any mental property, together with identify, likeness and picture of the opposite partner,” Ellis, founder and managing accomplice of Ellis Household Regulation, explains. For Kelce, meaning future earnings from every little thing, like Tremendous Bowl advertisements to podcast sponsors, can keep protected as his separate property, regardless of how massive the following chapter will get.
Kansas Metropolis Chiefs tight finish Travis Kelce runs the ball throughout the first half of an NFL preseason soccer sport towards the Chicago Bears. (Charlie Riedel/AP)
However athletes like Kelce additionally must plan for the sudden: career-ending accidents, early retirement and people essential post-NFL enterprise alternatives. Ellis says it’s important to handle issues like private damage/incapacity advantages in a prenup, and he usually advises shoppers to specify that these advantages “will stay the separate property of the named particular person.” In a world the place fortunes can change in a single day, that’s a non-negotiable safeguard.
Being within the highlight additionally comes with its personal set of challenges—particularly in the case of privateness. Ellis factors out that it’s now “very typical for folks of serious stature and within the public eye to incorporate NDAs in prenuptial agreements, with liquidated damages clauses not restricted to proof of loss or different worth of the damages.” Translation: for those who spill secrets and techniques after a cut up, there’s an actual monetary penalty.
After all, not each monetary query might be answered in a single authorized settlement — particularly if Swift and Kelce resolve to launch joint companies or philanthropic tasks collectively. Within the occasion of a cut up, it’s essential for each the prenup and enterprise paperwork to make use of the identical language, so intentions are clear and legally enforceable.
Ellis says even probably the most ironclad settlement isn’t set in stone as prenups “might be modified by consent of the events in writing, usually requiring a notarization.” Flexibility is essential.
Nancy Chemtob, movie star divorce legal professional
With regards to love, Chemtob desires to imagine within the fairy story as a lot as anybody.
“Truthfully, I hope all Taylor and Travis are doing proper now’s having fun with their engagement,” Chemtob, founder and managing accomplice of Chemtob Moss Forman & Beyda, tells Yahoo. However as a seasoned divorce legal professional whose represented many high-profile shoppers, she is aware of actuality (and enterprise managers) have a approach of crashing even the happiest of unions.
Taylor Swift and Travis Kelce on the 2024 US Open. (mpi04/MediaPunch/IPX/AP)
As soon as the joy fades a bit, it’s usually the enterprise managers or members of the family who remind {couples} {that a} prenup is likely to be a good suggestion. With this a lot cash and fame within the combine, it’s simply sensible to have a plan in place for the longer term.
For Swift, the stakes are particularly excessive. “Her music and mental property—every little thing she’s written and now owns—is totally essential to guard,” Chemtob emphasizes, particularly her music catalog, which she fought so exhausting to reclaim. “Something she created earlier than the connection ought to stay hers.”
A prenup’s job is to spell out precisely what occurs with future work, so new songs, excursions and tasks aren’t up for grabs if issues ever go south. “That’s just about what a prenuptial settlement would say: what’s mine previous to the wedding is mine, and what I earn after is mine too.”
Some issues are simple, like a doc outlining how cash and inventive belongings might be clearly divided. What could be extra difficult are household issues. Ought to the 2 have kids after which divorce, prenups don’t assist type via what might be difficult custody preparations.
“You’ll be able to by no means put something about kids or visitation in a prenuptial settlement or a postnuptial settlement,” she says. “That’s not enforceable.”
The underside line
No matter particulars Kelce and Swift could hash out within the prenup, we, the general public, shouldn’t have any concept what it says. Solely the attorneys and shut advisers ever see the true phrases. On the finish of the day, a prenup is all about peace of thoughts.
“With this stage of wealth and success, it’s simply being life like to need certainty,” Chemtob says. “A prenup is there to guard each events. Having a plan doesn’t imply you like one another any much less — it simply means you’re ready.”
Whereas Chemtob is rooting for a contented ending, in the case of high-profile love tales, she’s additionally rooting for a plan.