Kaley Cuoco, an actress on The Big Bang Theory, is a very highly paid actress. Earning one million dollars per episode has helped her gain the net worth of $44 million. In 2013 she married Ryan Sweeting, a tennis star, but first had him sign a prenuptial agreement (prenup). But just two years into their marriage Cuoco filed for a divorce. She assumed the prenup they had would be enforced but Sweeting is fighting it. He is asking for spousal support. So, the question is, is Cuoco’s prenup ironclad? Is any prenup ironclad?
Cuoco Was Smart, But…
Cuoco was smart to have a prenuptial agreement created and signed. Sweeting’s net worth was only two million at the time of their marriage but hers was 44 million. But even though a well-written prenup usually specifies assets division and support it is not always ironclad. For Cuoco, her ex-husband is claiming that his circumstances are different than when they were first married. He has received several sports injuries and became addicted to pain killers, which have not allowed him to continue to earn his living as a tennis player. His claim is that he did not need financial support when the prenup was signed but now he does.
3 Ways to Invalidate a Prenup
- Unconscionability – A legal term meaning that because of the current circumstances it would be grossly unfair to enforce the prenup agreement. In the above discussed case, Cuoco would need to prove that Sweeting was advised of the possible consequences of signing the prenup by an independent attorney.
- Coercion – Legal contracts can become invalid if one of the party was coerced into signing the document. That could be done many ways but the harshest would be at gunpoint. In the case of Cuoco and Sweeting, it would mean he was not given time to read the document or signed it involuntarily.
- Fraud – For this to be used in the case of Cuoco and Sweeting, he would allege that Cuoco lied about her net worth. The fraudulent activity was cause the prenup to be invalid and not enforced.
As long as Cuoco’s attorney did his/her job correctly, she will more than likely win.
Don’t Risk Your Wealth!
Prenuptial agreements should be prepared by an experienced attorney. It should be part of your estate plan. An experienced attorney will know the laws of your state and account for any changes that could take place in your relationship that could affect the prenup validity.
Sadly, 50% of first marriages and 70% of second marriages end in divorce. So it is best to plan for the worst but still hope for the best regarding your marriage. Don’t risk your wealth and future because you do not have an ironclad prenup. If already married, consider adding a postnup to your estate plan to protect you and your spouse. Call our office if you are considering getting married or creating a postnup. It is easier to accomplish than you might think and will help avoid problems if divorce does come. We are ready to make sure you are protected. Call us today!