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Celebrity Prenups: Why They Matter (and When They Can Be Challenged)

By Nottage and Ward on April 2, 2025

Prenuptial agreements—often simply called prenups—aren’t just for the ultra-wealthy or high-profile Hollywood couples.

While celebrity marriages tend to highlight the concept in tabloids, the reality is that divorce planning through a well-drafted prenup is increasingly common among business owners, professionals, and high-income individuals across Illinois. But what happens when a prenuptial agreement feels one-sided, outdated, or outright unfair?

In Illinois, challenging a prenuptial agreement is possible under certain circumstances, especially when the stakes involve substantial assets, long-term financial security, or complex marital dynamics.

At Nottage and Ward, LLP, the experienced attorneys at our divorce law firm regularly advise high-net-worth clients on how to craft and evaluate prenups. We can also help you contest a prenuptial agreement when necessary.

What Makes a Celebrity Prenup So Important?

When celebrities marry, their finances often involve brand partnerships, intellectual property, real estate portfolios, and high-value investments. Prenups offer clarity in the event of divorce—minimizing public exposure and protracted legal battles.

But this isn’t just about fame. Prenups for professionals such as doctors, lawyers, entrepreneurs, and executives serve the same functions to protect individual assets, control the division of property, and define spousal support obligations before emotions complicate legal matters.

For example:

• A physician may want to protect their private practice from marital claims.
• A tech entrepreneur may seek to isolate pre-marriage equity in a start-up.
• A second-time spouse may want to ensure children from a previous marriage receive a specific inheritance.

Are All Prenups Enforceable in Illinois?

Not necessarily. Prenup enforceability in Illinois is governed by the Illinois Uniform Premarital Agreement Act (750 ILCS 10/1 et seq.). Under this law, a prenuptial agreement is generally enforceable if:

• It is in writing
• It was voluntarily signed by both parties
• There was fair and reasonable disclosure of assets and liabilities
• The terms are not unconscionable (or unreasonable) at the time of enforcement
• The agreement does not limit child support obligations

But even if a prenup meets these requirements on paper, that doesn’t mean it’s immune to challenge.

Challenging a Prenuptial Agreement in Illinois

High-profile divorce cases have shown that even ironclad prenups can be vulnerable under the right conditions. In Illinois, challenging a prenuptial agreement may succeed if the agreement falls under the following circumstances.

1. Signed Under Duress or Without Full Disclosure

If one spouse can show they were pressured into signing or didn’t receive a fair disclosure of the other’s financials, a judge may refuse to enforce the prenup. This often arises when the agreement is signed right before the wedding or without legal representation.

2. Unconscionable at the Time of Enforcement

Courts are more willing to invalidate unfair prenup clauses if enforcing them would result in serious hardship—especially if circumstances have changed significantly since the agreement was signed. For example, if a prenup waives spousal support but one spouse has given up a career to raise children during the marriage, the court may find the clause unconscionable.

3. In Violation of Public Policy

Any clause that attempts to control the allocation of parental responsibility, limit child support, or assign blame for divorce may be considered unenforceable in Illinois. Courts prioritize the best interest of the child and reject provisions that attempt to override that standard.

4. Poorly Drafted or Vague

A prenup must be clear, specific, and comprehensive, and ambiguities or omissions can lead to courtroom disputes. For example, failure to address certain assets or scenarios can give rise to arguments over intent and fairness.

Examples of Prenups Challenged in High-Income Marriages

Celebrity divorces offer insight into what can go wrong. Take, for example:

• Dre and Nicole Young: She claimed she was pressured into signing a prenup and later that it was destroyed, leading to a public and prolonged legal dispute.
• Steven Spielberg and Amy Irving: Their handwritten prenuptial agreement—which was reportedly signed without legal counsel—was invalidated, resulting in a $100 million settlement.

While these cases are dramatic, they highlight how easy it is for unfair prenup clauses to fall apart under judicial scrutiny, especially in high-income or high-asset marriages where one party may lack equal bargaining power.

In Illinois, courts may not award $100 million settlements, but they do take fairness seriously, particularly if the agreement fails to account for spousal contributions or drastically changed circumstances.

What Professionals Should Know About Prenup Planning

If you’re a high-earning professional or business owner in Illinois, divorce planning might not be romantic, but it’s wise. There are steps you can take to make sure your prenup is enforceable and future-proof.

Start Early

Don’t wait until the last minute. Negotiating a prenup under time pressure can lead to claims of coercion.

Use Independent Legal Counsel

Both parties should have their own attorneys. This helps protect each spouse and ensure the agreement will hold up in court.

Fully Disclose Assets and Debts

Transparency builds trust and meets Illinois legal requirements for enforceability.

Avoid Extreme or One-Sided Clauses

Agreements that offer one spouse everything and the other nothing may not survive a challenge. Fairness matters, even in prenuptial agreements.

Plan for Future Changes

Include provisions that account for the birth of children, career changes, or health issues. Essentially, a good prenup grows with the marriage.

When to Talk to a Family Law Attorney

Whether you’re preparing to marry or going through a divorce, it’s critical to understand your rights and obligations under Illinois family law. Nottage and Ward, LLP, has been helping professionals, business owners, and high-net-worth individuals navigate prenup enforceability and challenges for over three decades.

Our attorneys provide:

• Clear, strategic legal advice during prenup drafting
• Thoughtful, high-level representation in divorce planning
• Skilled litigation and negotiation when challenging a prenuptial agreement is necessary
• A deep understanding of how Illinois courts treat high-income marriage disputes

In these cases, experience and nuance matter. Our law firm is here to protect your interests with strength and sensitivity.

Speak with a Chicago Prenup Attorney Today

Whether you’re preparing for marriage or facing divorce with a prenup in place, having experienced legal guidance is essential, especially when significant assets, family responsibilities, or business interests are involved.

At Nottage and Ward, LLP, we combine legal excellence with practical wisdom. Our firm is listed by Martindale-Hubbell in its Bar Register of Pre-eminent Lawyers, and we’ve been serving professionals and high-net-worth individuals across Chicago and Illinois for more than 35 years.

Call us at (312) 332-2915 to schedule a consultation today.