In May 2024, a report stated that Pro-Golfer Rory McIlroy and his wife of seven years, Erica Stoll, were divorcing. However, the couple ultimately ended up calling off the divorce. But during those brief proceedings, we got wind of the couple’s prenuptial agreement. In the public divorce proceedings, Rory actually requested to have the prenuptial agreement enforced, but this request was never answered because the divorce was called off. In this article, we will explore the couple’s background, dive into the details of their divorce, and dig into the specifics of their prenuptial agreement, including the likelihood of its enforcement under Florida law. Given the public interest in this high-profile split, this case offers a compelling real-world example of the role and potential impact of prenuptial agreements. Let’s dive in!
Who is Rory McIlroy’s wife (Erica Stoll)?
Erica Stoll is a New York native and Rory’s wife of seven years. They allegedly met in 2012 at the Ryder Cup, where Erica worked as a PGA transport official. She apparently ordered him a police escort and helped him to his tee time when he had overslept. The rest is history! They got engaged in 2015 and married in 2017. According to People Magazine, Erica is reportedly a “low-key” person. She does not have a public Instagram account and does not subscribe to the celebrity life. She recently had a child with Rory in 2020. It’s unclear whether she has been working since then.
Where are they getting a divorce?
Rory filed for divorce in Florida. Given that Rory was born in the UK and Erica is a US citizen, you might be wondering why Florida. Well, Rory is reportedly a US citizen now (thanks to his marriage to Erica), and they both reside in Florida as a married couple. This means that the laws of Florida will dictate their divorce since that is where they reside and where they are filing. To file for divorce in Florida, at least one of the parties must have resided in the state for at least six months prior to filing the petition, which appears to be the case here.
Why did they initially file for a divorce?
Rory’s team came forward and stated that he wants to keep the divorce as respectful and amicable as possible and he would not be commenting further on the matter. However, public divorce documents revealed that the divorce was filed under the grounds of “irretrievably broken,” which is one of the legal grounds in Florida in which a party can file for divorce. (See Fla. Stat. § 61.052(1)(a)). This is a “no-fault” ground, which means that neither party is the cause of the breakdown of the marriage; it simply doesn’t work anymore.
Do they have a prenup?
Yes! According to the New York Post, which revealed an image of the Petition for Dissolution of Marriage, Rory’s request to the court for a divorce. The Petition stated that the parties entered into a prenup on March 7, 2017 and that it should be deemed valid and enforceable. It further noted that the prenuptial agreement was not attached to avoid any privacy issues. It could be a violation of their privacy to attach the prenuptial agreement because these documents have deeply personal decisions, such as financial management, and also values of financials, such as income and debt.
Will their prenup be enforced under FL law?
Even though Rory claimed in his Petition for Dissolution of Marriage that the agreement should be deemed valid and enforceable, it doesn’t mean it will be. Erica still theoretically had the opportunity to argue that the agreement isn’t enforceable for any reason deemed appropriate under the law. (Even though she never got the chance because the divorce was ultimately called off). Under Florida law, there may be an argument that the agreement is invalid based on the agreement being unreasonable, lacking proper financial disclosure, lacking other agreement formalities, or being against public policy. (Fla. Stat. § 61.079(7)).
Timeline of McIlroy’s prenuptial agreement
While we don’t have much information, we do know that they entered into a prenup on March 7, 2017, and married on April 22, 2017. This gave them about 6 weeks between the signing of the prenup and the wedding. In Florida, there is no explicit rule on how soon to sign a prenup before the wedding, but the general rule of thumb is to get it done a month before the wedding (at least). In Rory and Erica’s case, it’s unlikely that there’s an issue with duress or coercion for signing the agreement too close to the wedding.
Not entering the agreement freely and voluntarily can get your prenup thrown out in Florida
Prenups must be entered into freely and voluntarily, not under duress or coercion. In Florida, whether or not a person entered into an agreement voluntarily is determined by a judge. Here is one example of a Florida court deeming a prenup invalid based on duress:
- A couple married after living together for several years.
- The husband introduces the prenup at 2:00 a.m. on the day of the wedding.
- In the chaos of the wedding, the wife didn’t have time to review the agreement.
- The court ultimately decided that she signed the agreement under pressure without fully understanding the prenup.
- The prenup was deemed invalid.
- (See Flaherty v. Flaherty)
In Rory and Erica’s case, this means Erica would have to claim that she was coerced into signing (a.k.a., did not sign it freely and voluntarily). It’s not easy to prove, especially since she had plenty of time to review the agreement (they signed the prenup approximately 6 weeks before the wedding). However, we do not have the full details surrounding the execution of the agreement!
An unconscionable prenuptial agreement can be thrown out in Florida
Another way to get a Florida prenuptial agreement thrown out is if it was unconscionable when made and there lacked sufficient financial disclosure. This means the agreement is extremely unfair and the party arguing it is unfair also did not receive adequate disclosure of their finances. (See See Fla. Stat. § 61.079 (7)). We do not have details of the prenup, so it’s unclear what the likelihood of the agreement being deemed unconscionable is.
Lack of formalities can get a prenuptial agreement thrown out
Prenups in Florida can also be thrown out for lack of formalities–such as no financial disclosure, no signatures, not in writing, or not signing the agreement before marriage. (See See Fla. Stat. § 61.079 (3)). Some prenuptial agreements in Florida also require witnesses (if you’re dealing with waivers of estate rights) (Fla. Stat. § 732.702). In Rory’s case, it’s unclear whether they’ve executed the correct formalities, as the prenup itself is not publicly available.
Lack of proper financial disclosure can get a prenuptial agreement thrown out
Another fast-track way to get a prenup thrown out is through a lack of proper financial disclosure. If either party fails to fully disclose their financial situation—including income, assets, and debts—at the time the prenup is created, its validity can be challenged during divorce proceedings. From the details revealed about Rory’s prenup, it is uncertain whether full financial disclosure was made. Rory’s lawyers assert that the prenup is “valid and enforceable,” which suggests they also believe proper financial disclosure was completed.
The bottom line on Rory McIlroy’s prenuptial agreement
It is confirmed by the leaked Petition for Dissolution of Marriage that Rory and Erica did, in fact, have a prenuptial agreement that was executed on March 7, 2017. Rory previously asked the divorce court to enforce the agreement but ultimately never received a response because the divorce was called off. Had this request been looked into more, a court would have only been able to “throw out” the agreement on certain grounds under Florida law (duress, unconscionability, lack of financial disclosure, etc.). We’re glad that Rory and Erica figured it out, and we wonder if their prenuptial agreement has anything to do with keeping them together! Either way cheers to the couple, and we wish them all the best.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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