Kellie Pickler Case Shows Power of Prenuptial Agreements

Kellie Pickler and the Power of Prenuptial Agreements

In February 2023, country music singer Kellie Picker’s husband, Kyle Jacobs, unexpectedly passed away. One year later, Picker would find herself at the beginning of a contentious lawsuit with Jacobs’ parents centered around the distribution of her late-husband’s assets. The catalyst of this dispute? A prenuptial agreement that Picker and Jacobs signed prior to entering into their marriage.

Led by Angelo Sarno, the family law team at Sarno da Costa D’Aniello Maceri Webb  LLC  is well-versed in negotiating prenuptial agreements in New Jersey. Here, we take a look at Kellie Pickler’s ongoing case to illustrate the importance of prenuptial agreements.

About the Property Division Dispute

Jacobs’ parents were selected to serve as co-administrators of his estate following his death. Sometime in early 2024, Jacobs’ parents presented Pickler with a “List of Assets” that they wished to take possession of. Among the items listed were a gun collection, a Samurai sword, watches, guitars, baseball cards, albums, and Jacobs’ work laptop and cellphone. Pickler ultimately did not provide Jacobs’ parents with any of the requested pieces of property. She claimed that she either did not know where the property was, or that the property belonged to her and not her late husband, effectively prohibiting it from being distributed to the estate. A few months later, Pickler filed a complaint in Tennessee against Jacobs’ parents, alleging that they entered her home and removed various items without her consent.

In their response to Picker’s complaint, Jacobs’ parents admitted to taking property from her home. However, they argued that they had the express permission to do so from both Pickler and her attorney. They also argued that Picker’s claim that the property requested in their “List of Assets” did not belong to Jacobs lacked merit. Jacobs’ parents asserted that they based their list off a prenuptial agreement that Picker and Jacobs entered into. This agreement allegedly outlines the division of property between the two spouses in the event that their marriage ends. Essentially, the “List of Assets” apparently only included property that was designated as belonging to Jacobs in the premarital agreement.

No information has been released regarding the actual provisions of the prenuptial agreement. However, those familiar with the case have stated that if a court determines the property in dispute was, in fact, owned by Jacobs, his parents have the right to collect it as the administrators of his estate. Therefore, the outcome of this case hinges on the court’s determination of whether the prenuptial agreement signed by Pickler and Jacobs is valid and enforceable.

Pickler’s ongoing lawsuit highlights the power a prenuptial agreement can have in protecting an individual’s assets in the event that their marriage comes to an end, and the importance of planning for the worst to protect oneself.               

What Is a Prenuptial Agreement in New Jersey?

A prenuptial agreement, commonly referred to as a “prenup,” is an agreement (1) between prospective spouses; (2) made in contemplation of a marriage or civil union; and (3) intended to be effective upon marriage or the establishment of a civil union. (See N.J.S.A. 37:2-32). These agreements allow for couples to determine the allocation of assets, as well establish additional obligations that they must follow, should their marriage come to an end. Examples of terms that couples commonly enter into include:

• The rights of obligations of each spouse with respect to any jointly-owned or separately-owned property
• The right to buy, sell, use, or otherwise manage and control property
• The disposition of property between the parties
• The establishment, modification, or elimination of alimony
• The creation of a will or trust to carry out the provisions of the prenuptial agreement
• The ownership rights and disposition of any death benefit from a life insurance policy
• The choice of law governing the construction of the agreement (in other words, which state’s law is controlling)
• Any other issue, including personal rights and obligations, which does not violate public policy (See N.J.S.A. 37:2-24).

Notably, a prenuptial agreement cannot contain any provisions related to the current or future children between the spouses, such as parenting time, custody, and child support. These issues can only be resolved at the time that a marriage ends.

The State of New Jersey is an equitable distribution state. This means that, absent an agreement stating otherwise, any property that was acquired during the marriage is subject to division at the end of the marriage in a manner that is considered fair. A court will take into consideration a variety of factors such as the length of a marriage, each party’s contribution to the acquisition of the property, and the martial standard of living. However, any terms affecting the division of property in a prenuptial agreement will override equitable distribution laws if the agreement is found to be enforceable.

When Is a Prenuptial Agreement Enforceable?

In general, prenuptial agreements are presumed to be enforceable by the court. This is because the court recognizes that the spouses themselves are capable of determining what is fair and equitable based upon the specifics of their particular living situation. This is true even if the prenuptial agreement provides one spouse with a disproportionate amount of the assets compared to the other spouse. (see Hawxhurst v. Hawxhurst, 318 N.J. Super. 72, 80 (App. Div. 1998)).

A prenuptial agreement will only be considered unenforceable and invalid if the agreement was entered into by one spouse involuntarily, usually by fraud or duress, or if the agreement was unconscionable, or unfair, when it was signed. A prenuptial agreement is considered unconscionable when one of the spouses was not provided a full disclosure of the property, earnings, or financial obligations of the other spouse and, therefore, could not have had adequate knowledge to enter into an agreement dividing the property, or if the spouse did not have independent counsel or waive, in writing, the opportunity to consult with independent counsel. (See N.J.S.A. 37:2-38). In other words, the key to creating a valid prenuptial agreement is ensuring that both spouses voluntarily enter into the agreement after a complete and open conversation about their finances.

How Would a Prenuptial Agreement Help Me?

Traditionally, prenuptial agreements were viewed as agreements reserved for wealthy couples. However, this view is rapidly changing. CNBC reported that the number of married couples who enter into prenuptial agreements has increased to five times higher than the prior rate over the past twenty years. Spouses are entering into prenuptial agreements for a variety of reasons including:

• Protecting their personal savings from being divided
• Protecting a pre-marital business
• Protecting their retirement accounts or stock programs
• Protecting real estate
• Protecting themselves from inheriting their partner’s debts

Overall, entering into premarital agreements allows both spouses the opportunity to gain some control over the outcome of a potential divorce proceeding. The parties can ensure that they will be financially protected should their marriage come to an end.

Contact Our Family Law Attorneys in New Jersey

If you are considering a prenuptial agreement, our family law attorneys at Sarno da Costa D’Aniello Maceri Webb LLC can help. To schedule a consultation with an experienced lawyer in New Jersey, contact us or call  973-274-5200. We serve clients in several convenient locations, including Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.