When Bill Gates and Melinda French Gates divorced in 2021, they didn’t have a prenuptial agreement to govern the division of their massive estate. The split ended up with French Gates receiving $12.5 billion earmarked for her own philanthropic work, a good chunk of the Microsoft founder’s 12-figure fortune. She also walked away with something else: his last name, an asset in the world of charitable giving.
Now, as Taylor Swift prepares to marry Travis Kelce in a multiday Madison Square Garden extravaganza, speculation swirls around not only what their prenup looks like but whether he’ll swap (hyphenate?) names. It could be a savvy business move, one that piggybacks on Swift’s brand as the world’s biggest pop star as the three-time Super Bowl champ sets his sights on Hollywood and would be tough to account for in what’s likely an ironclad prenup.
Swift, whose net worth surpasses $2 billion, has amassed a fortune that rivals tech founders and venture capitalists. She owns her sound recordings (masters) and the underlying musical compositions to her songs (publishing rights). No label takes a cut, meaning most royalties flow straight into her pockets. Touring years are a money-printing boon for the singer too, with her blockbuster Eras live run in 2024 grossing over $2 billion in ticket sales.
Her soon-to-be-husband has earned roughly $111 million across several NFL contracts. In the twilight of his football career, he’s aggressively looked to expand his footprint in entertainment and media. His off-the-field business ventures include a $100 million deal with Amazon’s Wondery for New Heights and a brief stint hosting Are You Smarter Than a Celebrity? “I’m looking for movie deals,” Kelce said on his podcast after landing his first dramatic role in Ryan Murphy’s FX horror drama Grotesquerie and a cameo in Happy Gilmore 2.
Swift’s last name wouldn’t hurt, and it appears he’s open to the idea (or at least not opposed). In May, he liked an Instagram post speculating on the topic. “You gotta go Swift-Kelce,” said one of the hosts of the Bussin’ with the Boys podcast after they struck down the idea of Taylor Kelce.
With so much at stake, the couple almost certainly has a prenup, according to divorce lawyers who spoke with The Hollywood Reporter. The most likely blueprint: Each side leaves with what they came into Madison Square Garden with in the event of a divorce; earnings while they’re married are treated as separate property; and no alimony since they’re both worth so much.
“Her songs will remain hers,” says Nancy Chemtob, a New York attorney who specializes in separations for high-net worth clients. “And anything that she earns during the marriage is hers alone.”
Divorce lawyers point to boilerplate provisions celebrities and the superwealthy typically include in their prenups, from confidentiality clauses (see Ariana Grande’s split with Dalton Gomez), which bars bad-mouthing of the relationship, to “bad boy” clauses, which punishes adultery. And when both sides come into the marriage with considerable assets, like Swift and Kelce, some clients insist upon a failsafe clause in which they’re compensated if their net worth dips below a certain threshold, say $10 million.
“There could be some bailout provision,” says Randall Kessler, an Atlanta-based family law attorney who’s represented Cardi B, Nene Leakes and Cam Newton. “Travis doesn’t really have the grounds to fight for spousal support. If he has $100 million, he can put that in the bank and make $5 million a year.”
But here’s where prenups run into a wall: use of a marital surname.
That’s because the agreement governs property in the form of assets and income, not identity. A provision that dismisses a person’s right to use a name they legally acquire through marriage will likely be found unenforceable, according to legal experts.
“He’d have a strong argument to continue using the name,” says Suffolk University professor of legal studies Greg Bordelon. “He’d just say it’s mine, and I got it through marriage.”
The question, he adds, is whether a clause restricting use of Swift’s name violates public policy. Anything can be considered in a prenup but provisions that silence sexual assault disclosures, for example, are voided. Courts have also been reluctant to treat a surname as property that can be repossessed upon divorce. No appeals court has upheld an order forcing a former spouse to abandon one against their will.
Still, that doesn’t mean Swift, who’s fiercely protective of her intellectual property rights, won’t try to protect her name. The singer has among the most extensive trademark portfolios in the entertainment industry, with more than 170 active or pending registrations spanning names, phrases and commercial designations. Her global merchandising operation is controlled by TAS Rights Management, which owns her trademarks across goods and services, and Bravado, which manufactures products under the artist’s brand.
While a blanket prohibition on using Swift as a personal or legal name isn’t enforceable in a prenup, her cadre of lawyers could require Kelce to use his existing name in specific commercial contexts. Still, that clause could be struck down if Kelce establishes his professional identity in Hollywood as Kelce-Swift by the time of their divorce.
In the event of a messy split, the singer could bring a trademark claim, though she’d face an uphill battle convincing the court that intellectual property law bars a person from using their own legal name, even if it’s associated with someone else who operates in a similar space. The legal doctrine known as the “personal name defense” recognizes an individual’s right to use their name in business dealings even when there’s a conflicting trademark as long as they’re not deliberately trying to deceive consumers.
“There’s no good law on it,” Kessler says. “Typically, the person has the right to keep their name. He’ll be Taylor’s ex-husband. She can’t contractually bind him not to use it.”
Swift spent years clawing back ownership of her music, rerecording six albums in a bid to buy her original catalogue. Every inch of her empire has been fought for and litigated over. But if Kelce decides to walk away for their marriage with her name, there’s little that can be done to stop him. Swift owns her masters. She just can’t own her name in perpetuity once she marries.
Read the full article here
