Key Takeaways
- With Swift’s $1.6 billion fortune and Kelce’s $90 million net worth, a prenuptial agreement is almost certainly in the works to protect both partners.
- Prenups require early planning—about three to six months before the wedding—with full disclosure and separate lawyers.
- Intellectual property protections in prenups now extend to royalties, patents, and even social media brand value.
- Postnuptial agreements can give similar safeguards if couples miss the prenup window before marriage.
When pop superstar Taylor Swift and Kansas City Chiefs tight end Travis Kelce announced their engagement on Aug. 26, Swift joked that her engagement to Travis Kelce was like “your English teacher and your gym teacher getting married.” However, few couples, let alone schoolteachers, could claim a combined net worth exceeding $1.7 billion, which makes a prenuptial agreement almost inevitable between them.
Below, we take you through why experts say they’re very likely to sign one—and why it’s often recommended that you do, too.
What Is a Prenup?
A prenuptial agreement is a legally binding contract signed by couples before marriage that outlines how assets, debts, and spousal support will be handled in the event of divorce or death. Contrary to popular misconceptions, couples don’t have to distrust each other to sign one.
The agreement supersedes many default state marriage laws by allowing couples to control their own finances rather than leaving decisions to the courts. For couples already married, a postnuptial agreement serves the same purpose but is signed after the wedding.
Why Celebrities Like Swift and Kelce Almost Always Get One
The entertainment industry is littered with stories of stars who skipped prenups and paid dearly. When Paul McCartney and Heather Mills divorced, for example, Mills sought more than $200 million and ultimately received $48.7 million, according to Rolling Stone. Mel Gibson’s divorce from Robyn Moore was even more costly, resulting in Hollywood’s largest divorce settlement at $425 million—half his then-$850 million fortune, according to ABC News.
The financial stakes are huge for Swift and Kelce. Her fortune includes more than a billion in earnings from the most lucrative tour of all time, plus a music catalog worth an estimated $600 million and some $150 million in real estate.
Kelce brings NFL contracts worth over $34.2 million; lucrative endorsement deals with companies like Nike, McDonald’s, and State Farm; and revenues from his successful “New Heights” podcast. Kelce also owns a $6 million mansion in Kansas City and a $400,000 Rolls-Royce Phantom. Swift’s wealth is more than 18 times greater than Kelce’s.
Why You Might Consider One, Too
Prenups aren’t only for billionaires. They make financial sense, especially when the following is the case:
- One partner has significantly more assets than the other
- Debt protection is needed
- Business ownership is involved
- Family inheritances are in play
What a Prenup Covers
Modern prenups typically cover the division of property and debt, as well as spousal support arrangements. For a couple like Swift and Kelce, the clauses would likely include protections for Swift’s music masters, streaming contracts, and touring revenue, while safeguarding earnings from Kelce’s NFL contracts, endorsement deals, and podcast ventures.
Intellectual property protection has become important in prenups. These agreements specify that royalties from premarital creative works remain separate property, even though royalties and other payments for them might be received during the marriage. This extends to patents, copyrights, trademarks, and even social media brand value.
While Swift’s existing music catalog would likely remain separate property, income generated during marriage from touring, new albums, or licensing deals could be considered marital property, depending on the terms of the prenuptial agreement.
Prenups can’t, however, address child custody or support arrangements, as courts maintain jurisdiction over children’s welfare.
Steps and Timing for Getting a Prenup
Timing is key for enforceable prenuptial agreements. It’s best to start the conversation at least three to six months before the wedding. This timeline allows for negotiations, financial disclosures, and obtaining independent legal representation.
The process requires several steps:
- Initial discussions should start six to 12 months before the wedding, focusing on financial transparency and mutual protection goals.
- Legal consultation with separate attorneys ensures both parties understand their rights and the agreement’s implications.
- Full financial disclosures should be completed four to six months before the wedding, tallying all assets, debts, income sources, and business interests.
- Final execution should happen at least 30 days before the wedding in most states, with some requiring longer periods. California mandates seven days between the final presentation and signing, while New Hampshire requires that a prenup be done 30 days before the wedding.
Waiting until the last minute can invalidate the agreement, as courts may view late-stage signing as evidence of coercion or duress.
Alternatives and Next Steps
For couples who miss the prenup window, postnuptial agreements can provide similar protections after the wedding. There are, however, greater complexities given marital legal obligations, but they can still address inheritances, business growth, or new debts.
Tip
Both prenups and postnups should be updated with estate planning documents, including wills, trusts, and beneficiary designations.
The Bottom Line
The use of prenups has quintupled in just over a decade, with half of U.S. adults now supporting these agreements. Millennials have particularly embraced prenups, often seeing them as helping to clear up communication over finances in a way that doesn’t threaten the trust needed for a successful marriage.
For Taylor Swift and Travis Kelce, a prenuptial agreement seems virtually inevitable given their wealth and public profiles.