Tom & Gisele Had an ‘Ironclad Prenup’ Before Their Divorce—Here’s the ‘Major Factor’ That ‘Complicated’ Their Split
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Since they filed for divorce, fans have wondered about Tom Brady and Gisele Bündchen’s prenup and how their finances will be divided now that they’ve decided to end their marriage. (Spoiler alert: One makes a lot more than the other.)
Tom and Gisele met on a blind date set up by a mutual friend in 2006. “I think the one phone call that changed my life was my friend Ed, who called me one day and he said, ‘I have this girl and I think you should call her,’ ” Tom recalled to WSJ magazine in 2021 about how he was introduced to Gisele. “I ended up calling her and it ended up being the love of my life.” The two started dating soon after but hit a tough patch in February 2007 when Tom’s ex-girlfriend, Bridget Moynahan, announced she was pregnant with his son. Gisele told CBS This Morning in 2008 that she considered breaking up with Tom after the news. “It was a challenging thing because here I am, you know, thinking, I’m dating this guy, we met, and we started dating and everything is great and then this happens,” she said. “So, then I felt like I didn’t know what to do. It was kind of one of those moments of like, ‘Do I just run away?’
Related video: Tom Brady and Gisele Bündchen split after 13 years of marriage
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Tom and Bridget’s son, John “Jack” Edward Thomas Moynahan, was born in August 2007. Gisele later revealed in an interview with People in 2018 that she “fell in love” with Jack and his birth made her and Tom closer. “I’m so grateful for [Bridget],” she said. “I know this was hard, but I couldn’t imagine my life without [Jack]. I call him my bonus child.” She added, “He opened my heart in ways I didn’t even know my heart could expand.” Tom and Gisele got engaged in January 2009 and married a month later in February. They welcomed their first child together, son Benjamin Rein, in 2009. Their second child, daughter Vivian Lake, was born in 2012.
Fast forward to October 2022, and news broke that Tom and Gisele had hired divorce lawyers after more than a decade of marriage. The couple officially filed for divorce on October 28, 2022, in Florida, where Tom plays in the NFL for the Tampa Bay Buccaneers. So what is Tom Brady and Gisele Bündchen’s prenup and how could it affect their wealth? Read on for what we know about Tom Brady and Gisele Bündchen’s prenup and what could happen to their finances after their divorce.
What is Tom Brady and Gisele Bündchen’s prenup?
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What is Tom Brady and Gisele Bündchen’s prenup? Page Six confirmed on November 2, 2022, that Tom and Gisele had an “ironclad prenup” before their divorce. “There was an ironclad prenup set down before they married in 2009. They both have their own separate business entities, so the separation of their wealth wasn’t that complicated in the end. The only other major factor was dividing up their massive property portfolio,” a source said. The publication also reported that purchases a three-bedroom, three-bathroom home in Miami Beach, Florida, months before she filed for divorce, which she plans to use as an office.
A source also told Radar Online in June 2022, four months before she filed for divorce, that those close to Gisele encouraged her to update her prenup with Tom months before the couple separated. “The current prenup is pretty ironclad and lists how everything will be divided should they break up, but it needs to be updated and it can be if both parties agree,” the insider said at the time. The source continued, Gisele is rich in her own right, but her friends are telling her she’d be nuts not to revise their prenup and she’s likely to listen to them.” Tom is worth $250 million, with $30 million earned each year, while Gisele is worth $400 million, with $40 million earned each year, according to Celebrity Net Worth.
Page Six reported in October 2022 that Tom and Gisele had hired divorce lawyers after their separation following a fight over Tom’s unretirement and decision to return to the NFL three months after he announced he had retried from football. “I never actually thought this argument would be the end of them, but it looks like it is,” a source told Page Six at the time. “I don’t think there will be any coming back now. They both have lawyers and are looking at what a split will entail, who gets what and what the finances will be.”
A source also told People at the time that Tom was “trying to figure out what to do” after he learned Gisele had hired a divorce lawyer. A source also told Us Weekly at the time that Gisele—who was “living apart” from tom when she hired her divorce lawyer and had been “at odds” with her husband for months—was waiting for him to make a “big gesture” after he learned she was serious about divorce. “Gisele is waiting for Tom to make a big gesture of support to her,” the insider said. Gisele filed for divorce from Tom on October 28, 2022, in Florida, which Tom didn’t contest. TMZ reported at the time that Tom and Gisele reached an agreement on their shared property and child custody. Though the settlement will remain confidential, a source told People that the couple agreed on joint custody of their children. “The settlement is all worked out,”the insider said. “They’ve been working on the terms this whole time.” The source added, “They agreed to joint custody of the kids.”
Attorney Sue Moss with Chemtob Moss Forman & Beyda LLP, who is not connected to the case, also told People in October 2022 that Gisele and Tom’s different incomes could make their divorce complicated. “The big challenge for him is everything will be determined at the height of his income, because to get him to come back, the Tampa Bay Buccaneers had to come up with a lot of cash — and that is the baseline for determining the support in this case,” Moss said. “At the beginning, Gisele was earning more than him, and he kept on winning and his income got more and more substantial and it outgrew hers. And because of the timing, the case will be determined based upon the height of earnings.”
Divorce attorney Jacqueline Newman of Berkman Bottger Newman & Schein LLP, who is also not connected to the case, also told People that Tom and Gisele’s prenup has likely already determined what their finances will look like after their divorce. “People of this magnitude of wealth don’t generally get married without a document that’s going to dictate what’s going to happen if it doesn’t run its course,” Newman said. “My guess is that a lot of this is already worked out. So, there’s probably a prenuptial agreement that’s going to dictate a lot of this, but if there are some properties that were purchased while they were married — marital residences — there may be fights about that.” Newman continued, “There probably were assets that were acquired during the marriage, so there may be squabbles about that to say the least. That said, I think they are going to settle this, assuming they go forward with it — outside of the press.”
At the time they hired divorce lawyers, Tom and Gisele owned at least four properties: a house at the Yellowstone Resort in Montana, a $3.5 million apartment in New York City, a home in Costa Rica; and the $17 million mansion tin Miami’s Indian Creek Island. While Tom and Gisele’s finances are complicated, Newman told People at the time that custody of their children could be more if an issue. “It really does seem that [Gisele] has dedicated her life to these children,” Newman said. “I’m sure he is dedicated to the children, but he travels a lot. He’s not involved as much in the day to day. She may want more stability for them.” Newman continued, “The worst thing they could do is pull their kids through a custody battle.”
Tom and Gisele confirmed their divorce on October 28, 2022, with separate statements on their Instagram Stories. Tom’s statement read: “In recent days, my wife and I finalized our divorce from one another after 13 years of marriage. We arrived at this decision amicably and with gratitude for the time we spent together. We are blessed with beautiful and wonderful children who will continue to be the center of our world in every way. We will continue to work together as parents to always ensure they receive the love and attention they deserve.”
His statement continued, “We arrived at this decision to end our marriage after much consideration. Doing so is, of course, painful and difficult like it is for many people who go through the same thing every day around the world. However we wish only the best for each other as we pursue whatever new chapters in our lives that are yet to be written. And we kindly ask for privacy and respect as we navigate what is to come in the days and weeks ahead. Thank you.”
Gisele’s statement read: “With much gratitude for our time together, Tom and I have amicably finalized our divorce. My priority has always been and will continue to be our children whom I love with all my heart. We will continue co-parenting to give them the love, care and attention they greatly deserve.”
She continued, “The decision to end a marriage is never easy, but we have grown apart and while it is, of course, difficult to go through something like this, I feel blessed for the time we had together and only wish the best or Tom always. I kindly ask that our privacy be respected during this sensitive time. Thank you. Gisele.”
News of issues in Tom and Gisele’s relationship started in September 2022 when Page Six reported the couple was in a “fight” over the NFL player’s decision to unretire from the Tampa Bay Buccaneers in March 2022. (Tom announced his retirement from the NFL after 22 years in February 2022 before reversing that decision less than two months later.) “Tom and Gisele are in a fight right now,” a source told Page Six in September 2022. The insider added that there have been a “series of heated arguments” since Tom’s unretirement.
A second source explained that Gisele’s issue with Tom’s decision to unretire was the lack of time he would spend with their children: son Benjamin and daughter Vivian. Tom also shares son Jack with ex Bridget Moynahan. “There’s been trouble in the marriage over his decision to un-retire. Gisele has always been the one with the kids. They had agreed he would retire to focus on the family, then he changed his mind,” the insider said. A third source added, “They have a fiery relationship. Gisele is a bit hot-headed — she has that Brazilian heat!” The insider, however, added that Tom has always been a “family man,” regardless of if he’s in the NFL or not. “He’s such a doting dad, and very much a family man,” the source said.
The publication’s second source also claimed that Gisele has been working more—she’s the face of a new Burberry campaign—since Tom’s decision to unretire. “It’s almost like Gisele was like, ‘Well, if you’re going to keep playing, so will I,’” the insider said. “She’s resentful that Tom is still the football superstar.”
A source also told People in September 2022 that Gisele was “frustrated” with Tom and had “been spending time away from” him. “Going back to Tampa after the retirement put a strain on the personal side of his life,” the source said. “Gisele is frustrated and sick of his career coming before their family, who has always supported him.” The magazine also reported that Tom and Gisele spending time apart from each other “has happened before” and that the two are “trying” to make their relationship work. “There is a point Gisele believes that enough is enough,” a second source said. “[She has] always been an amazing wife, totally supporting Tom and his career and bringing the kids aboard.
A third source told People that Gisele is “not a stay-at-home mom.” The insider continued, “She has been working all along. She’s in N.Y.C. right now working, and the kids are enrolled in school in Florida.” The source also reported that Tom and Gisele had a “happy summer together” before the 2022 NFL season and Gisele threw Tom “a big birthday party in Italy.” “He already announced his return to football this spring, so friends don’t understand why she’s upset now,” the insider said. “They’ve been very private about what’s really going on,” the source added. A fourth source also claimed to People that Gisele’s opinion on Tom’s unretirement had changed closer to NFL season. “It feels very different this year than last year,” the insider said. “She was excited to be here, we saw her around.”
A source also confirmed to Us Weekly in September 2022 that the “tension” between Tom and Gisele was over his decision to unretire from the NFL. “Gisele was not happy when Tom un-retired from the NFL after such a short time,” the insider said. “There is tension between them.” The source added that Tom is “doing everything he can to make it up to” Gisele. “They’re working through things and trying to come out the other side,” the source said. A source also confirmed to People in September 2022 that there had been “a lot of tension” between Tom and Gisele since his decision to unretire. “There’s a lot of tension. She was so happy when he announced his retirement, and she wasn’t thrilled at all when he went back on that,” the insider said. “They’re hitting a rough patch. But I know they’re trying, or at least he’s trying, to figure it out and make it work. He wants to get through this and for things to get better.”
Page Six also reported in September 2022 that Gisele had moved out of her and Tom’s home in Tampa, Florida, and relocated to Costa Rica since their marital issues. “He’s very sad at the moment. Friends know they’ve had a serious disagreement this time,” a source said. “It seems that Gisele gets mad and says things like she’s leaving him, but in the past, they’ve always made up. But maybe this time it is more serious. He’s with the kids, and is just trying to be super dad.” Another source also told Page Six a week later that Gisele had briefly returned to Florida, but hadn’t moved back in with Tom yet. “Gisele isn’t back with Tom,” the insider said. “She flew back to Florida to be with her kids but hasn’t been to their home in Tampa.” The source continued, “Tom is still hoping they can reconcile. Gisele has told him she’s leaving him before, and they always made up when she cooled down.”
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