When “Airtight” Prenups Aren’t: How Failing to Follow the Agreement Can Undo Its Protection

Prenuptial agreements are formal written documents designed to bring certainty, predictability, and protection if a marriage ends. Prenups are often described as “ironclad” or “airtight” in their ability to decide financial terms between spouses. But as a recent high-profile divorce involving former NBA star Kevin Garnett illustrates, a prenup is only as strong as the parties’ willingness to follow it during the marriage.

In that case, Garnett entered the marriage with a prenuptial agreement intended to limit future financial exposure. Yet when the marriage dissolved, the court awarded his ex substantial monthly child and spousal support — reportedly totaling $100,000 per month — along with significant legal fees. Why didn’t the prenup prevent this outcome? Because one key provision of the agreement was never carried out.

The hidden vulnerability in many prenups

Prenuptial agreements do more than create terms for asset division during the actual divorce. Many modern prenups include ongoing obligations during the marriage, such as funding joint accounts, maintaining insurance, or setting aside money for a spouse’s future security.

In Garnett’s situation, the prenup allegedly required him to fund a joint account intended to reach approximately $12 million, with his spouse entitled to a portion if the marriage ended. According to court filings, that account was largely unfunded when the couple separated. As a result, the court was confronted with a prenup that had not been honored as written.

That failure mattered. When one party does not comply with material terms of a prenuptial agreement, courts may find that the agreement — or parts of it — cannot be enforced as intended. Instead of relying on the prenup’s promised protections, the court step in and craft new financial arrangements under state law, including spousal support.

Why noncompliance can undermine prenup enforceability

Courts generally enforce prenups when they are:

• Entered voluntarily
• Fair and fully disclosed at signing
• Not unconscionable at enforcement

But enforcement also assumes that both parties performed their obligations. When a prenup requires specific actions during the marriage and those actions never happen, the agreement can unravel in practice.

From a legal perspective, failure to perform can be viewed as:

• A breach of the agreement
• Evidence of unfairness
• A reason the court cannot rely on the prenup’s financial framework

In high net work/high asset divorces, that can open the door to significant support awards that the prenup was meant to avoid.

Practical lessons for anyone creating a prenup

This case highlights an often-overlooked truth: signing a prenup is not the end of the process. Compliance during the marriage is just as important as careful drafting at the outset.

If you are considering — or already have — a prenuptial agreement, keep these tips in mind:

1. Understand ongoing obligations clearly
If your prenup requires you to fund accounts, transfer assets, or maintain certain financial arrangements, treat those obligations as mandatory—not optional.

2. Build compliance into your financial routine
Set calendar reminders, automate transfers where possible, and work with your financial advisor to ensure required accounts are funded exactly as the agreement specifies.

3. Document everything
Maintain clear records showing that you complied with prenup terms. In a divorce, documentation can be just as important as the agreement itself.

4. Review your prenup periodically
Life circumstances change—careers, income, assets, and family dynamics evolve. Periodic legal check-ins can ensure your prenup still works as intended and is being followed.

5. Don’t assume “airtight” means self-enforcing
A prenup does not protect you automatically. Courts look at how the agreement operated in real life, not just how it was written on paper.

Prenuptial agreements can be powerful tools, but only when they are honored. As this case demonstrates, failing to live up to your prenup obligations during the marriage can leave you exposed at divorce, even if the agreement seemed comprehensive at the start.

For individuals with significant assets — or anyone relying on a prenup for future certainty — the lesson is clear: compliance is not a technicality. It is the foundation of enforceability.

How Weinberger Law Group Safeguards You in Prenuptial Agreement Disputes

If you’re dealing with questions about the enforceability of a prenuptial agreement, it’s normal to feel uncertain or concerned about what protections you can truly rely on. The decisions you make now can affect your financial security, support obligations, and long-term stability for years to come.

At Weinberger Law Group, we focus exclusively on family law in New Jersey, helping clients move forward with clarity, compassion, and a plan. Several of our attorneys are Certified Matrimonial Attorneys, a distinction held by a small percentage of family law practitioners statewide.

Our approach emphasizes:

• Careful review of prenuptial agreements to identify enforceability risks and compliance gaps.
• Strategic guidance on fulfilling or addressing ongoing prenup obligations before disputes escalate.
• Proactive planning to protect assets, income, and support expectations.
• Clear, realistic counsel grounded in New Jersey family law and courtroom experience.

You don’t have to navigate prenuptial agreement disputes alone. If you’re facing questions about whether a prenup will hold up—or how to protect yourself when one doesn’t—we’re here to help you understand your options.

🛡️ Request Your Consultation Today.

This article is for general informational purposes only and is not legal advice.

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