Nicole Kidman-Keith Urban Divorce: Are “Sobriety Clause” Prenups Enforceable in New Jersey?
Nicole Kidman filed for divorce from Keith Urban after nearly two decades of marriage, and now attention is once again turning to their long-rumored prenuptial agreement.
According to multiple reports, the couple’s prenup includes a “cocaine clause” that ties Keith Urban’s post-divorce financial support to his sobriety. Specifically, in the divorce settlement, Urban allegedly receives around $600,000 for each year of marriage in which he remained clean and sober.
While neither Kidman nor Urban has ever confirmed the existence of these terms, their prenup still raises an intriguing legal question: if their divorce were happening in New Jersey, would a “sobriety clause” in a couple’s prenup still hold up in court?
Let’s take a look.
Prenups and Personal Conduct: Where Courts Draw the Line
While celebrity prenups often make for dramatic headlines, courts take a much more cautious approach. In New Jersey, prenuptial agreements are meant to address financial matters — including property division, alimony, and debt — and not personal behavior or moral conduct.
Some couples attempt to include lifestyle clauses that dictate personal behaviors during the marriage, setting up rewards or punishments around these issues. It’s not just about drug use. Other lifestyle clauses include forfeiting alimony due to cheating, losing out on settlement money if one spouse (usually the female spouse) gains too much weight, dictating household chores, or punishment for negative social media posts. While some may view these provisions as setting marital expectations, they are often unenforceable as part of a prenuptial agreement.
Penalties and rewards for lifestyle choices generally aren’t enforceable because the courts typically view these as private, emotional issues, not legal or economic ones. In other words, if a couple were to divorce in New Jersey and one spouse tried to enforce a clause like the Kidman-Urban rumored “cocaine clause,” a judge would almost certainly strike it down as against public policy.
In some cases, lifestyle clauses can even weaken the overall validity of the agreement. And that’s why it’s always best to keep the prenup centered on financial matters to ensure legal strength and enforceability. [Learn about separate agreements to govern social media interactions.]
What About Custody Clauses?
Under New Jersey law, child custody decisions are always based on the best interests of the child, not on what parents may have agreed to years earlier in a prenup.
Even if a prenuptial agreement states that one parent automatically gets custody under certain conditions, that clause would have no legal effect. In making custody decisions, the court would instead review the current circumstances, such as each parent’s fitness, stability, and relationship with the children. In other words, no matter how famous the parents are, custody cannot be “pre-decided” by contract.
What If the Kidman–Urban Divorce Happened in New Jersey?
New Jersey generally honors prenuptial agreements made in other states, as long as they meet New Jersey’s legal standards for fairness and legality. That includes:
- Both parties entered into the agreement voluntarily, without coercion.
- There was full financial disclosure from both sides.
- Each had the opportunity to consult independent legal counsel.
- The terms aren’t unconscionable (grossly unfair) at the time of enforcement.
Most prenups also include a “choice of law” clause, stating which state’s laws govern the agreement. New Jersey courts usually respect that choice, unless enforcing it would violate New Jersey public policy.
So, if the Urban–Kidman prenup were drafted in California but they later divorced in New Jersey, the court would likely uphold the financial terms that meet those fairness requirements.
However, about that “cocaine clause”? It would almost certainly be set aside and left unenforced. As a general rule, New Jersey courts reject terms from out-of-state prenups that:
- Involve illegal activity,
- Try to regulate personal behavior,
- Predetermine child custody, or
- Conflict with public policy.
The Bottom Line
Prenups can be powerful tools for financial protection, but they have limits. Clauses tied to morality, behavior, or child custody won’t hold up in the New Jersey courts, no matter how carefully written.
For New Jersey couples considering a prenup (or already bound by one created in another state), it’s essential to have an attorney review it through the lens of New Jersey family law to ensure it’s fair, enforceable, and free of problematic terms.
Thinking about a prenup? Or heading toward divorce and need guidance on how to enforce the terms of your agreement? Our experienced family law attorneys can help. Understand your rights and options under New Jersey law. Call us today at 888-888-0919 to schedule a confidential consultation.
