Ivana Gets Divorced

I was going through my old VHS tapes the other day, and I found this recording of Tabitha Soren interviewing me on the topic of antenuptial (or prenuptial) agreements. It was 1990, and the family law bar was just starting to write them, probably due to people getting remarried after they had been divorced.  So Tabitha wanted to talk about prenups in Vermont.  But she really wanted to talk about Donald Trump’s divorce from Ivana.  I hadn’t remembered that that was the hot topic of interest in the news at that time. 

Ivana thought that she shouldn’t be bound by their prenup because Donald had been caught fooling around (with Marla Maples). My opinion was that the prenup should still be binding, because, after all, if you’re anticipating a divorce, you are going to get a divorce for some reason, and infidelity is a common one.  I concluded that Ivana’s claim based on infidelity could possibly be worth (what I called) “a few more dollars” than the prenup might have entitled her to, but that otherwise, the prenup would probably hold up.  He ended up paying her “only” $14M, but since the prenup was never published, we can’t know whether this was, in the end, more or less than she would have been entitled to absent the infidelity.

Since then, the Vermont Supreme Court has spoken on the subject, and upheld prenuptial agreements so long as they contain certain elements. Watch this video and observe 1) 1980’s big hair and shoulder pads and 2) some things to think about when entering into a prenuptial agreement.  One of those is advice from an attorney.