As Tom Brady, Gisele Bündchen divorce rumors continue, legal expert weighs financial scenarios

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Tom Brady and Gisele Bundchen seek divorce lawyers: Report

 Dailymail.com senior reporter Caitlyn Becker discusses the latest on Tom Brady and Gisele Bundchen seeking divorce lawyers on ‘Fox Business Tonight.’

The rumor mill continues to churn following reports that Tom Brady and Gisele Bündchen could be headed for divorce, leading observers to speculate over what might happen if the power couple does decide to call it quits.

While legal experts agree the biggest consideration for parents mulling the end of a marriage is typically their children, financials are another significant factor.

Tom Brady and Gisele Bündchen attend The 2019 Met Gala Celebrating Camp: Notes on Fashion at Metropolitan Museum of Art on May 06, 2019 in New York City.  (Photo by Theo Wargo/WireImage / Getty Images)

Divorce attorney Sue Moss, a partner at Chemtob Moss Forman & Beyda, spoke with FOX Business about the possible financial scenarios that could come into play if Brady and Bündchen do indeed untie the knot, considering both amassed significant wealth both before and during their marriage.

If a prenuptial agreement is in place

Moss says that the pair almost certainly signed a prenuptial agreement that was probably created to protect Bündchen, who earned more than Brady at the beginning of their relationship and was the highest-paid model in the world from 2002 to 2017.

According to Celebrity Net Worth, Bündchen earned $500 million in salary and endorsements between 2000 and 2020, and Brady earned $330 million. Combined, the two are worth an estimated $650 million.

Gisele Bündchen attends the 2019 Hollywood For Science Gala at Private Residence on Feb. 21, 2019 in Los Angeles. (Photo by Kevin Winter/Getty Images / Getty Images)

However, the legal expert says it is possible that the tables have now turned, and that Brady's lucrative endorsements as the greatest quarterback of all time and his hefty contract with the Tampa Bay Buccaneers could mean he now out-earns his wife.

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Regardless, it may not matter who earns more, because, as Moss notes, "both have more money than most small nations," and likely waived the right to alimony or spousal support as part of their prenup.

All about the kids

With the assumption that a prenup will sort out most of the major property divisions, Moss says the only financial issue that remains is likely child support – which could be significant.

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The greatest issue in this case is whether Brady and Bündchen can agree on where their kids live and what the access schedule is, Moss says. 

Tom Brady and Gisele Bündchen attend the Heavenly Bodies: Fashion & The Catholic Imagination Costume Institute Gala at The Metropolitan Museum of Art on May 7, 2018 in New York City. (Photo by John Shearer/Getty Images for The Hollywood Reporter / Getty Images)

The couple moved to Florida for Brady to continue his football career with Tampa Bay. However, if the marriage dissolves, the attorney asserted, "Chances are one or the other of them wants to leave Florida."

Bündchen, or Brady, or both might want to move back to New York City where they previously lived, and where Brady has a son from a previous relationship. 

What if there is no prenup?

In general, everything individuals own prior to marriage is separate property not subject to division in the event of a divorce, and everything a person earns during the marriage is marital property that is subject to division. 

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What might become more complicated, however, is that if no prenuptial agreement is in place, any deferred income payments and pension funds Brady earned during the marriage would also need to be divided. 

Tampa Bay Buccaneers quarterback Tom Brady, #12, looks on to the field as he enters from the tunnel before the game between the Tampa Bay Buccaneers and the Pittsburgh Steelers at Acrisure Stadium in Pittsburgh Oct. 16, 2022. (Photo by Shelley Lipton/Icon Sportswire via Getty Images / Getty Images)

Another factor is the $375 million, 10-year contract Brady signed with FOX Sports, set to begin when he retires from football.

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The attorney says Bündchen could argue that the FOX deal was signed before either party commenced an action for divorce, and that, therefore, is marital property based upon the reputation that he built up during the marriage. However, Brady could argue that in order to get that money he has to perform after the date of a divorce filing, so it should be considered separate property.

Moss jokes that if there is no prenup in place, "This is the ‘Divorce Lawyer Full Employement Act,’ because this could be a really interesting case with lots of variables and lots of different arguments."

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