Yours, mine and ours: What lawyers say is on the table in the Taylor Swift and Travis Kelce marriage

When a pop icon and an NFL superstar fall in love, the world doesn’t just cheer on the fairy tale — they wonder what’s going to be written in the fine print. Now that Travis Kelce has officially popped the question to Taylor Swift, speculation is already swirling about what a prenuptial agreement might look like for the famous couple.

Swift is in a financial league of her own. The self-made mogul has built an estimated $1.6 billion empire, according to Forbes, from touring, multiplatinum albums, record-shattering streaming numbers and a slew of lucrative brand partnerships. She (finally!) owns the rights to her music catalog, no small feat in the industry, along with an impressive real estate portfolio that stretches from L.A. to Rhode Island to New York. Add in merchandise and a level of cultural influence that practically prints money, and you start to see why her net worth is as closely watched as her love life.

Kelce may not be a billionaire, but he’s easily one of the NFL’s highest earners with an estimated net worth of around $70 million, per Forbes. The Kansas City Chiefs tight end is a two-time Super Bowl champ and future Hall of Famer, but his business off the field is just as strong. Between endorsement deals with brands like Nike and Pfizer, his $100 million contract for his New Heights podcast with brother, Jason Kelce, and various investments, Kelce’s financial playbook is robust and growing.

I spoke with three top divorce attorneys, who broke down what a high-profile prenup for the pair could include — and the key questions both Swift and Kelce should be asking.

Chris Melcher, celebrity divorce lawyer

When you’re Taylor Swift, having “too many” revenue streams is a very real (and very enviable) problem — at least when it comes to planning a prenup.

“Because Taylor has so many streams of income relating to her work and brand, any agreement to share marital earnings could lead to a dispute over what those earnings were,” Melcher tells Yahoo.

In other words, when income comes from albums, tours, merchandise, real estate and brands, clarity is everything.

Of course, for Swift, the most important asset is her music. Melcher puts it bluntly: “A premarital agreement will be essential to protect the intellectual property that Taylor creates during the marriage.”

Without one, creative work produced after the wedding could be considered joint property, and in the hopefully unlikely event of a divorce, that might mean splitting royalties or even control of her catalog, a nightmare scenario Melcher has seen play out for other artists.

“Dividing intellectual property with a former spouse is the last resort,” he says.

The best practice, Melcher says, is to keep each spouse’s income separate but maybe earmark a joint account or fund for big shared purchases (think: a house, major investments or the occasional private island). That way, a couple can share in each other’s success without entangling every dollar.

Even with two high-net-worth individuals, it all comes down to being crystal clear about what’s “yours, mine and ours.” Among many celebrity couples, Melcher says, there’s no marital or community property at all — except maybe a joint fund for shared purchases or projects, so the pair can still “have something together as a couple.”

And in the world of megastars, privacy and reputation are as valuable as cash. “Because of Taylor’s fame, she will need protection against disclosure of personal information about their marriage or lifestyle,” Melcher says. The solution, he believes, is NDAs and confidentiality clauses, sometimes with serious financial teeth.

“It’s even more effective to have a holdback of cash that would be paid to the other party years after a divorce, on condition that no violation of the NDA occurred,” he says, citing Mel Gibson’s famous arrangement as a precedent.

When love, money and fame collide, even the happily ever after scenarios require some serious legal choreography. As Melcher sums up, “Nondisclosure of personal information may be a key component of this agreement. They can also agree to alternative dispute resolution provisions that would keep any divorce private.”

Gray Ellis, family lawyer

If you think playing in the NFL is high stakes, try navigating marriage as one of America’s most recognizable athletes.

Kelce’s career isn’t just about football; his financial future relies on endorsement deals, sponsorships and an image that’s as marketable as his gameday stats. According to family law attorney Gray Ellis, a prenup can do a lot to protect that brand.

“Most states follow the Uniform Prenuptial Agreement Act, which allows for a contract to limit or completely waive interests in any intellectual property, including name, likeness and image of the other spouse,” Ellis, founder and managing partner of Ellis Family Law, explains. For Kelce, that means future income from everything, like Super Bowl ads to podcast sponsors, can stay protected as his separate property, no matter how big the next chapter gets.

But athletes like Kelce also have to plan for the unexpected: career-ending injuries, early retirement and those critical post-NFL business opportunities. Ellis says it’s essential to address things like personal injury/disability benefits in a prenup, and he typically advises clients to specify that those benefits “will remain the separate property of the named individual.” In a world where fortunes can change overnight, that’s a nonnegotiable safeguard.

Being in the spotlight also comes with its own set of challenges — especially in regard to privacy. Ellis points out that it’s now “very typical for people of significant stature and in the public eye to include NDAs in prenuptial agreements, with liquidated damages clauses not limited to proof of loss or other value of the damages.” Translation: if you spill secrets after a split, there’s a real financial penalty.

Of course, not every financial question can be answered in a single legal agreement — especially if Swift and Kelce decide to launch joint businesses or philanthropic projects together. In the event of a split, it’s crucial for both the prenup and business documents to use the same language so intentions are clear and legally enforceable.

Ellis says even the most ironclad agreement isn’t set in stone, as prenups “can be modified by consent of the parties in writing, often requiring a notarization.” Flexibility is key.

Nancy Chemtob, celebrity divorce attorney

When it comes to love, Chemtob wants to believe in the fairy tale as much as anyone.

“Honestly, I hope all Taylor and Travis are doing right now is enjoying their engagement,” Chemtob, founder and managing partner of Chemtob Moss Forman & Beyda, tells Yahoo. But as a seasoned divorce attorney who has represented many high-profile clients, she knows reality (and business managers) has a way of crashing even the happiest of unions.

Once the excitement fades a bit, it’s often the business managers or family members who remind couples that a prenup might be a good idea. With this much money and fame in the mix, it’s just practical to have a plan in place for the future.

For Swift, the stakes are especially high. “Her music and intellectual property — everything she’s written and now owns—is absolutely crucial to protect,” Chemtob emphasizes, especially her music catalog, which she fought so hard to reclaim. “Anything she created before the relationship should remain hers.”

A prenup’s job is to spell out exactly what happens with future work, so new songs, tours and projects aren’t up for grabs if things ever go south. “That’s pretty much what a prenuptial agreement would say: What’s mine prior to the marriage is mine, and what I earn after is mine too.”

Some things are easy, like a document outlining how money and creative assets can be clearly divided. What would be more complicated are family matters. Should the two have children and then divorce, prenups do not help sort through what can be complicated custody arrangements.

“You can never put anything about children or visitation in a prenuptial agreement or a postnuptial agreement,” she says. “That’s not enforceable.”

The bottom line

Whatever details Kelce and Swift may hash out in the prenup, we, the public, should have no idea what it says. Only the attorneys and close advisers ever see the real terms. At the end of the day, a prenup is all about peace of mind.

“With this level of wealth and success, it’s just being realistic to want certainty,” Chemtob says. “A prenup is there to protect both parties. Having a plan doesn’t mean you love each other any less — it just means you’re prepared.”

While Chemtob is rooting for a happy ending, when it comes to high-profile love stories, she’s also rooting for a plan.