The recent David Geffen divorce has drawn international attention—not only because of the billionaire media mogul’s fame, but also because of what was missing: a prenuptial agreement. As People Magazine reported, Geffen, 82, and his husband David Armstrong, 32, are divorcing after less than two years of marriage, and the couple had no prenup in place. With Geffen’s estimated fortune of $7.7 billion, this case highlights the enormous financial and legal consequences that can come when high-net-worth couples marry without an agreement.
The case has also stirred cultural debate. The New York Times noted that the split reignited discussions about “hypergamy”—relationships between older, wealthier individuals and younger partners—underscoring the importance of financial clarity in marriages with large wealth disparities (New York Times). For Californians, the lesson is clear: prenuptial agreements are not just for celebrities, they are practical tools that can protect both partners.
What Is a Prenuptial Agreement?
A prenuptial agreement, or “prenup,” is a written contract entered into by two people before they marry. It typically sets out how property, assets, and debts will be divided if the marriage ends in divorce or death. According to the American Bar Association, prenups can also address issues such as spousal support, inheritance rights, and business ownership.
In California, prenups are governed by the Uniform Premarital Agreement Act (UPAA). To be valid, they must be in writing, signed voluntarily, and include full financial disclosure. Both parties must also have the opportunity to consult independent legal counsel.
Why Prenups Matter in California
California’s community property laws provide that, without a prenup, most property and debts acquired during marriage are presumed to be split equally in a divorce. This can include wages, real estate, retirement accounts, and even businesses started during the marriage. Spousal support may also be awarded based on income differences and the length of the marriage. Couples can override these default rules through a valid premarital agreement governed by the Uniform Premarital Agreement Act (Family Code §§ 1610–1617). In the David Geffen divorce, the absence of a prenup means California’s default rules will apply—rules that may not reflect the couple’s individual intentions.
Prenups are especially useful for:
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High-net-worth individuals who want to protect premarital assets.
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Second marriages, where spouses may want to preserve inheritances for children.
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Business owners, who want to shield a company from being divided or sold.
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Couples with financial imbalance, who want clarity about spousal support.
Common Misconceptions About Prenups
Many assume prenups are only for the wealthy or a sign of distrust, but they are really tools for clarity and fairness. They can prevent conflict by setting expectations upfront. In California, however, spousal support terms are not absolute—courts may reject them if they are unfair or signed without proper legal advice.
Conclusion
The David Geffen divorce illustrates that even billionaires face uncertainty without a prenup. For Californians, the takeaway is simple: a prenuptial agreement provides peace of mind, ensures fairness, and helps protect both partners from costly disputes. Whether you are planning to marry for the first time, entering a second marriage, or simply want to safeguard your assets, a prenup can be an invaluable planning tool.
At the Law Offices of David Knecht, we help clients draft and review prenuptial agreements tailored to your circumstances. If you are preparing for marriage and want to explore your options, call us at (707) 451-4502 to schedule a consultation.
