Between Trump’s potential run in the upcoming election and his legal battles (i.e., that fourth indictment), Melania Trump has decided to renegotiate her prenup with the former president. Vanity Fair sources say that she is taking the attitude of “not my problem” when it comes to her husband’s legal troubles and making sure there is enough money left over for her and her son, Barron Trump, should things go south.
Melania and Donald wed back in 2005 when a potential presidency was not really on the docket of things to do. The Washington Post reports that the original prenup they signed back then was not “incredibly generous” to Melania. Since 2005, Melania has renegotiated her prenup a total of three times so far, according to Page Six. And now, in the most recent renegotiation in 2023, she allegedly held more bargaining power than back in 2005 due to the length of the marriage.
Melania may also hold some bargaining power over Donald because of her alleged “calming effect” on him. Some even call her his “secret weapon” in politics, as reported by Page Six.
What is in Melania’s prenup?
It’s unclear what is exactly in the Trumps’ prenup. What we do know is that the original prenup drafted back in the early 2000s was not “incredibly generous” to Melania. However, as of 2023, the thrice re-negotiated document is reportedly “to Melania’s liking” now due to allegedly including more money for her and protections for their mutual son, Barron. In fact, Vanity Fair sources say that Melania wanted to ensure there was enough money left for her after his recent legal troubles (e.g., the recent $354 million damages payout ordered as a result of the recent civil fraud case). On top of that, Melania wanted to ensure that Barron was treated as “more of an equal” to the older of Donald’s children, according to Page Six.
How do you renegotiate a prenup?
You may be wondering how Melania is able to renegotiate their prenup–isn’t what’s written in the original prenup final? Not necessarily! Most states allow amendments to prenups if certain procedures are followed and if both parties agree. Some states actually don’t consider it a prenup amendment but rather a postnuptial agreement. This makes sense because the amended changes to the agreement are made after the marriage (or “post” nuptials). Why does this matter? Well, this matters because postnups can sometimes be less enforceable because they are a newer type of marital contract and may be less legally binding in certain states. However, this doesn’t imply that they lack total enforceability, as they may be enforced. However, their enforcement may undergo closer scrutiny from the court, depending on the state.
Furthermore, renegotiating a prenup tends to come up in a couple’s relationship when there is a rough patch or when significant life changes have occurred. For instance, receiving a large inheritance, starting a business, having children when not previously expecting to, etc. In Melania’s case, it’s on a much grander scale–the circumstances that prompted this renegotiation are (allegedly) due to Donald’s legal battles and the upcoming presidential election (everyone goes through those things, right? Kidding!).
As a side note, renegotiating a prenup is no easy feat. It generally requires lawyer assistance. So don’t go trying to change up your prenup without first contacting a lawyer in your state!
How did Melania use her prenup to allegedly protect Barron?
There are reports that say Melania was prompted to renegotiate the prenup for a third time in 2023, reportedly due in part to wanting “protections” for their mutual son, Barron. But what could these potential protections be, you ask? Great question! While anything we say on this topic is purely conjecture, since we have not been able to read the prenup ourselves, here are some ideas on what this could mean:
- Ensuring certain assets are kept as her Separate Property, which she may, in turn, share with Barron.
- Ensuring that she and Barron are able to remain living in certain properties, such as the family home, should the marriage come to an end.
- Including a certain life insurance provision requiring Barron to be a beneficiary of such policy.
What happens if Donald and Melania get a divorce?
While we would never wish ill on anyone’s relationship, divorce is a huge possibility for any couple, but especially for people as publicized as the Trumps. Some people may wonder what would happen if the presidential pair split up. Would the prenup be enforced? It’s hard to say what exactly would happen. It would depend on which state law applied, what the circumstances surrounding the prenup were, what the circumstances surrounding the divorce were, and other factors. For instance, it’s likely that Melania would want to keep the prenup enforced since rumor has it that she had all the bargaining power this time around and is getting a great “deal” out of the prenup. On the other hand, Donald may want to ask the court to throw out the agreement if it’s not favorable to him. He would have to challenge the prenup’s validity and/or enforceability, which is no easy feat! Even for a president!
A Florida Prenup Attorney’s Expert Opinion
We spoke with seasoned Florida Prenup Attorney, Adalbert Martinez, on his expert opinion of Melania Trump’s prenup. Here’s what he had to say on turning a prenup into a postnup, Melania’s renegotiation power, and the potential clauses added into their prenup.
Amending a Florida Prenuptial Agreement: Transition to a Postnuptial Agreement
In Florida, married couples like the Trumps can amend their prenuptial agreement. This results in a postnuptial agreement. The postnuptial agreement can modify terms related to spousal support and asset distribution from the original prenup, but any unmodified prenup terms remain intact. The amendment process involves renegotiation between the married parties as we are seeing here with Melania’s prenup. For fairness and legality, these agreements require full asset and income disclosure, separate legal counsel, or at least advice on the right to separate representation, and voluntary sign-off without undue influence.
Melania’s Position of Strength in Renegotiations
The Trumps’ residence in Florida plays a significant role in the prenup renegotiation, as Florida’s status as an equitable distribution state impacts divorce proceedings. This means that marital assets obtained during the marriage are generally divided equally in a divorce. I do not doubt that living in Florida could give Melania more leverage in negotiations and a potential divorce settlement due to the long duration of their marriage and her contributions.
Various factors, such as the length of their marriage, legal issues that Donald may face, and changes in Florida’s alimony laws, could affect the renegotiation of Melania and Donald Trump’s prenuptial agreement.
- Duration of Marriage
The longer a couple has been married, the more likely it is that the prenuptial agreement will be enforced. This is because the longer the marriage, the more intertwined the couple’s finances and assets become. In the case of the Trumps, their marriage has lasted over fifteen (15) years, so Melania may have more leverage to negotiate for a larger share of assets.
- Potential Legal Issues for Trump
Donald Trump is currently facing multiple legal battles, including a defamation suit and investigations into his business dealings. These legal issues could potentially result in significant financial penalties or even criminal charges. As such, Melania may have wanted to renegotiate the prenup to ensure that she and Barron are insulated from any potential financial fallout.
- Florida’s Alimony Laws
Florida’s alimony laws could play a significant role in the renegotiation process. Melania may have been able to negotiate more favorable terms based on the current laws and her contributions to the marriage. This could include a longer duration of alimony payments or a larger amount of support.
What Terms Did Melania Potentially Renegotiate or Add In?
According to Attorney Adalbert Martinez, here are some potential clauses that Melania may have renegotiated:
- Increased Financial Support for Melania and Barron
One of the main reasons for renegotiating the prenup was reportedly to ensure that Melania would have enough money to support herself and Barron in the event of a divorce. This could mean an increase in the amount of money she would receive in alimony or other financial support. It could also mean that certain assets would be designated as hers to keep in the event of a divorce, ensuring she has a stable financial foundation.
- Protection of Assets for Barron during his Lifetime and Life Insurance Provisions
As a minor, Barron may not have had much say in terms of this or the original prenup. However, Melania may have come to the rescue now that he is older, ensuring that he is protected and provided for in the event of a divorce. This could mean designating certain assets as his, setting up a trust for him, including provisions for his financial support, and even ensuring Barron is fairly accounted for in Donald’s estate plan. Also, a life insurance provision that designates Barron as a beneficiary. This would ensure that he would receive financial support in the event of Donald’s death. It could also be a way for Melania to ensure that Barron is provided for in the event of a divorce, as she would likely be designated as the beneficiary.
- Continued Residence in Certain Properties
There have been reports that Melania wanted to ensure she and Barron would be able to continue living in certain properties, such as the family home, in the event of a divorce. This could mean designating the property as hers to keep, setting up a trust for the property, or including provisions for her to continue living in the property for a certain period.
- Protection of Melania’s Business Interests
Melania is a savvy entrepreneur, owning several businesses, including a jewelry line and a skincare line. She may have wanted to ensure that these business interests would remain hers in the event of a divorce. This could mean designating them as her separate property or including provisions for her to continue running the business without interference from Donald and insulating herself from his liabilities.
- A Legal Fees Provision
The cost of legal fees can exponentially add up in a divorce rather quickly, especially when negotiating a prenuptial agreement. The agreement may include a provision for the payment of legal fees, either by one party or jointly, in the event of a divorce or renegotiation. This could help alleviate the financial burden of legal fees for either side.
- Sunset Clause
A sunset clause is a provision that specifies when the prenuptial agreement will expire. This could be after a certain number of years of marriage, or upon the occurrence of a certain event, such as the birth of a child. Including a sunset clause could provide Melania with more flexibility and potentially more bargaining power in future negotiations.
- Choice of Law and Jurisdiction
Given the Trumps’ residences in multiple states, it is highly likely that their prenuptial agreement included a choice of law and jurisdiction provision ensuring Florida was the choice state. This would specify that Florida laws would govern the agreement and would have jurisdiction over any disputes. This could be significant in determining the enforceability and interpretation of the agreement.
- Confidentiality
In these types of negotiations, confidentiality is paramount between all parties. Given the intense public scrutiny surrounding their marriage, Melania likely prioritized keeping the agreement’s details under wraps. A confidentiality clause would shield the specifics of their agreement, including financial details and personal matters, from public and media disclosure.
- Non-disparagement Clause
Another clause that may be incorporated into their agreement could limit or restrict what either party can publicly say or publish about the other during and after their marriage. This could curtail disclosures through media engagements or book/movie deals, thereby safeguarding their privacy and reputations. Also, the agreement could include a non-disparagement clause, preventing either party from making derogatory statements about the other. This is especially important given their high public profile.
Financial Implications on Melania from Donald Trump’s Legal Battles
What about Donald’s legal fines? Will Melania be on the hook for his mistakes? According to FL Prenup Attorney, Adalbert Martinez, if Donald’s potential legal penalty is considered a personal liability, it likely won’t directly impact Melania in a divorce. However, if it significantly reduces marital assets, it could affect the asset division and the amount Melania receives.
If the debt is a joint liability, it could impact the division of assets and liabilities in the divorce. Florida law requires an equitable distribution of assets and liabilities, meaning that the court will divide them fairly between the spouses. This could result in Melania receiving a smaller share of the marital assets, as she would also be responsible for a portion of the debt.
Conclusion
As you can see, it seems like the details of the Trumps’ prenup are being kept pretty hush-hush. We don’t have a clear picture of who gets what and when. What we do know is that Melania has gone back to the drawing board with this document twice already, and the latest round was triggered by the upcoming presidential election and Donald’s legal troubles. There’s some talk that there might be clauses in there to look out for Barron, but nothing concrete. Also, if you are thinking about renegotiating your prenup, you definitely want legal help, and the rules for prenup amendments can vary depending on what state you are in.
Frequently Asked Questions about Prenups
If you’re still wondering about prenups, don’t worry, we’ve got you covered. Keep reading to learn about the top three most frequently asked questions about prenups.
Q: Are prenups enforceable?
A: Yes, prenups are enforceable in all 50 states. However, each state has its own rules on what is considered a valid and enforceable agreement. In other words, you must follow your state’s laws in the creation of a prenup in order for it to be enforceable.
Q: How long before my wedding can I get a prenup?
A: This answer depends on your state laws. For example, in California, there is a rule known as the “7-day rule,” which requires a waiting period of at least seven calendar days before signing the agreement. In other words, you cannot get a last-minute prenup the day before in California.
Q: Can I edit my prenup after it’s been finalized?
A: This would be considered an amendment or getting a postnup. In most states, you can make edits to your prenup, but you will need a lawyer’s assistance to ensure you are following your state laws. In fact, some states actually require a lawyer for you to make changes to your prenup. (This is how Melania was able to renegotiate her prenup three times!).
Adalbert is experienced in all things family law. With over 25 years of professional experience including over 2 years as a practicing lawyer, he is passionate about helping couples reach their goals within their prenup. He’s particularly passionate about helping couples get the best possible start to their marriage and set their marriage off on the right foot.
He’s licensed in Florida, fluent in English and Spanish, and the founder and managing partner of THE CYA LAW FIRM.
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