Add Blake Lively and Ryan Reynolds to the surprising list of A-List celebrity couples who reportedly don’t have a prenup! The Deadpool actor recently joked on The Tonight Show With Jimmy Fallon that his wife, Blake, and their four children would divorce him if he ever made a fourth sequel of the Marvel hit. Ryan went on to state that “I have no prenup with any of them.” Whether Ryan was joking per usual about not having a prenup isn’t entirely certain, and Blake has since shut down any divorce rumors. But it begs the question—what would happen if Ryan and Blake didn’t have a prenup in place? Keep reading to discover what could happen and why (and we sure hope they don’t ever have to find out)!
State law controls property division and spousal support decisions
A prenup allows a couple to dictate how their assets and debts will be divided and whether either spouse will be entitled to spousal support (a.k.a. “alimony”). Without a prenup in place, the state’s default laws will make these decisions for you.
Ryan and Blake are New York residents. If they ever got divorced without a prenup, New York law would likely dictate the outcome. New York is an equitable distribution state. This means that the court will divide assets and debts based on what’s fair, which is not necessarily equal (i.e., 50/50). The court can take several factors into account to reach this decision. However, Blake and Ryan’s opinions and the court’s opinions on what’s fair may differ completely.
Additionally, without a prenup, the court has the discretion to award spousal support (also known as “spousal maintenance” in New York). Spousal support is designed to assist the financially dependent spouse during or following a divorce. In New York, a court can take a variety of factors into account to determine how to calculate a spousal support award, including the length of the marriage, each spouse’s present and future earning capacity, and the relative ages and health of the spouses. (N.Y. Dom. Rel. Law § 236(6)(e)).
Although a court would be unlikely to award spousal maintenance in Ryan and Blake’s situation, as they are both independently wealthy, the court can still consider any disparity in their overall incomes and net worth. Blake and Ryan are reportedly worth $30 million and $350 million, respectively. So, it’s always possible that a court could order Ryan to pay Blake at least some amount.
A prenup can override default state laws
How could Ryan and Blake have had the chance to override New York’s default laws? By getting a prenup, of course! If you think prenups are just for celebrities, think again! You don’t have to have Ryan or Blake’s bank accounts to benefit from a prenup. Prenups are for anyone who wants to map out their financial future with their soon-to-be spouse in the event of divorce. A prenup lets you outline how your assets, debts, financial responsibilities, and spousal support will be managed if your marriage ends in divorce. Basically, it clarifies who gets what, who’s responsible for any debts, and whether spousal support will be involved.
Real estate could be awarded to one spouse
Without a prenup, the court can divide any real estate acquired during the marriage as it deems fair. New York courts make property division decisions on a case-by-case basis and based on the circumstances of the spouses (N.Y. Dom. Rel. Law § 236(5)(c)). For Ryan and Blake, this means a court would have the power to determine who gets their two multi-million dollar properties in New York State, as well as any other properties that they acquire during the marriage.
A prenup can dictate real estate ownership
If you already own property with your fiancé or plan to do so in the future, you can decide how you might want to divide real estate in your prenup. You can take the guesswork out of everything by specifying who gets what and how you might want to divide proceeds if you sell a property during the marriage. You name it! The more specific, the better, so that if you ever need to use it, your prenup has clear terms about what will happen.
Income earned during the marriage could be divided
Since their 2012 marriage, Ryan has reportedly earned $2 million from the first Deadpool installment, $20 million from Deadpool 2, and another estimated $20 million for Deadpool & Wolverine. Not to mention Ryan’s many endorsements and various lucrative investments from Aviation Gin and Mint Mobile to the Wrexham AFC football club. Suffice it to say that Ryan has made some very savvy investment decisions that have paid off big time.
Blake reportedly earned a cool $3 million for her most recent film, “It Ends With Us.” The Gossip Girl star also reportedly earned $1.1 million for the third season of “Gossip Girl” (that’s $50,000 per episode) and $60,000 per episode by season 6. She’s also had multiple well-paying endorsements, including a reported $4 million 2-year Gucci campaign where she also earned $50,000 per store opening that she attended. Blake recently launched her own drink company called Betty Buzz, and she has a new hair care line called Blake Brown Beauty. While both ventures are still fairly new, they’re sure to rake in some additional cash for Blake.
Based on these numbers alone, it’s obvious that there’s a lot of cash on the table that could be divided by a New York court if the pair were to divorce. What the exact amount would look like is hard to say, as equitable distribution requires the court to divide assets based on what’s fair, which varies from case to case. And again, what a court decides is fair may not necessarily be what Ryan and Blake think is fair. However, without a prenup, each of their earnings during the marriage is potentially at risk.
One spouse could lose pet custody
With their two dogs, Baxter and Penny, Ryan and Blake could run into issues over who gets which dog after a divorce. Undoubtedly, the couple’s four children are attached to their two fur-siblings, so it would be important for them to still be able to see their four-legged friends even if Ryan and Blake ever split up.
Most states still view pets as personal property rather than a furry member of your family. The court will not order or oversee pet custodial arrangements. New York, however, is a trendsetter in this arena. When determining pet custody decisions, New York courts are now required to apply a “best interests” standard similar to that applied in child custody cases. This means a judge would have to take into account the pet’s needs, the type of home environment each spouse could provide to the pet, and any other relevant considerations. Much like custody cases, this could take a lot of additional time and fuel even further contentious litigation.
How a prenup helps: You can include a Pet Clause in your prenup to decide who gets to keep your beloved fur baby after a divorce. In New York, your pet must be alive and has to live with either you or your fiancé prior to the wedding for this clause to be included in your prenup. You can agree to your own pet custodial arrangement, including terms about daily care and responsibility for medical and maintenance expenses, you name it. Just make sure it’s a practical arrangement that works for everyone’s schedule and finances.
The bottom line on Blake Lively and Ryan Reynolds’ prenuptial agreement
The benefits of a prenup cannot be overstated. It gives you control over just about everything, from property division and spousal maintenance to pets in the event of a divorce. Unfortunately, it’s too late for Ryan and Blake to do a prenup. (But they could always opt for a postnuptial agreement!) We hope they never end up in a position where a prenup could have been beneficial! But it’s not too late for YOU and your fiancé to get on the same page and map out your financial future together. Happy planning!
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