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When Bill Gates and Melinda French-Gates separated in 2021, they did not have a prenuptial agreement to regulate the division of their huge estate. The split ended with French Gates receiving $12.5 billion allocated to her charitable work, a significant portion of the Microsoft founder’s 12-figure fortune. She also came up with something else: his last name, which is an asset in the world of charitable giving.
Now, as Taylor Swift prepares to marry Travis Kelce at a multi-day Madison Square Garden ceremony, speculation is swirling not only about what the prenup will look like but whether they’ll exchange (hyphenated?) names. This could be a smart business move, one that leans on Swift’s brand as the world’s biggest pop star as the three-time Super Bowl champion sets his sights on Hollywood, and would be difficult to factor into what is likely to be a strict prenup.
Swift, whose net worth exceeds $2 billion, has amassed a fortune that rivals technology founders and venture capitalists. She owns her audio recordings (masters) and the underlying musical compositions for her songs (copyrights). No label takes a cut, which means most of the proceeds flow directly into their pockets. Years of touring are a money-printing boon for the singer as well, with her 2024 blockbuster Eras set to gross over $2 billion in ticket sales.
Her soon-to-be husband has earned approximately $111 million across several NFL contracts. At the end of his playing career, he was strongly looking to expand his presence in entertainment and media. His off-field business ventures include a $100 million deal with Amazon’s Wondery for New heights And short hosting Are you smarter than celebrities? “I’m looking for movie deals,” Kelsey said on his podcast after landing his first dramatic role in Ryan Murphy’s FX horror drama. Strangeness And a veil in Happy Gilmore 2.
Swift’s last name wouldn’t hurt, and he seems to be open to the idea (or at least not opposed to it). In May, he liked an Instagram post about this topic. “You have to go to Swift-Kelce,” one of the party hosts said. Working with boys podcast after they shot down Taylor Kelsey’s idea.
With so much at stake, the couple almost certainly has a prenuptial agreement, according to the divorce attorneys they spoke with Hollywood Reporter. Most likely scheme: Each side leaves with what they brought to Madison Square Garden in the divorce; Earnings during their marriage are treated as separate property; No expense because they are both worth a lot.
“Her songs will remain hers,” says Nancy Chemtop, a New York lawyer who specializes in separations for high-net-worth clients. “Everything she earns during marriage is hers alone.”
Divorce lawyers point to typical provisions that celebrities and the ultra-rich typically include in prenuptial agreements, from confidentiality clauses (see Ariana Grande’s split from Dalton Gomez), which forbid bad language about the relationship, to “bad boy” clauses, which punish adultery. And when parties with large assets marry, like Swift and Kelsey, some clients insist on a safe-haven clause under which they will be compensated if their net worth drops below a certain threshold, say $10 million.
“There may be some rescue provisions,” says Randall Kessler, an Atlanta family law attorney who has represented Cardi B, NeNe Leakes and Cam Newton. “Travis doesn’t really have reasons to fight for spousal support. If he had $100 million, he could put that in the bank and make $5 million a year.”
But here’s where prenups hit a wall: the use of the marital surname.
This is because the agreement governs ownership in the form of assets and income, not identity. A clause that denies a person the right to use a name they legally acquired through marriage is likely unenforceable, according to legal experts.
“He would have a strong case for continuing to use the name,” says Greg Bordelon, a professor of legal studies at Suffolk University. “He was just saying it was mine, I got it through marriage.”
He adds that the question is whether the clause restricting the use of Swift’s name violates public policy. Anything can be taken into account at the pre-marriage stage, but provisions that silence disclosure of sexual assault, for example, are abolished. Courts have also been reluctant to treat title as property that can be reclaimed upon divorce. No appellate court has upheld an order forcing an ex-husband to abandon his wife against his will.
However, this does not mean that Swift, which is fiercely protective of its intellectual property rights, will not try to protect its name. The singer owns the most comprehensive portfolio of trademarks in the entertainment industry, with more than 170 active or pending registrations spanning names, phrases and trade designations. Its global merchandising operation is controlled by TAS Rights Management, which owns its brands across goods and services, and Bravado, which manufactures products under the artist’s brand.
Although a blanket prohibition on using Swift as a personal or legal name is unenforceable premarital, her staff of attorneys may require Kelce to use his current name in specific business contexts. However, this condition can be revoked if Kelsey establishes his professional identity in Hollywood as Kelsey Swift by the time of their divorce.
In the event of a messy split, the singer could file a trademark claim, though she would face an uphill battle convincing a court that intellectual property law prevents someone from using her legal name, even if they are related to someone else operating in a similar space. A legal doctrine known as the “personal name defense” recognizes an individual’s right to use his or her name in business dealings even in the event of a conflicting trademark as long as he or she is not intentionally trying to deceive consumers.
“There’s no good law on this,” Kessler says. “Normally, a person would be entitled to keep their name. It would be Taylor’s ex-husband. She can’t contractually oblige him not to use it.”
Swift has spent years reclaiming ownership of her music, re-recording six albums in an attempt to buy back her original catalog. Every inch of her empire has been fought for and litigated over. But if Kelsey decides to walk away from their marriage in her name, there’s not much she can do to stop him. Swift owns her masters. She cannot own her name forever once she is married.
