Why Non-Disclosure Agreements in Prenups are Necessary for Professional Athletes

Photo of Sean M. Leonard
Sean M. Leonard
Associate, Litigation Department
Published: McLane.com
June 27, 2024

In 2022, the world was surprised by how swiftly Tom Brady’s divorce from Gisele Bundchen occurred. Outside of alleged rumors, there was no build-up and no media attention discussing the divorce before the divorce was granted. It seemingly happened under the cover of darkness. In the days that followed, the divorce made its way across media outlets with one big piece of evidence as to why people heard nothing – a prenuptial agreement. Although the prenuptial agreement itself is not a public document, given the level of fame the two parties have, it can only be assumed that there was a non-disclosure agreement written into their agreement that prevented them from discussing the separation. A non-disclosure clause is an agreement between the couple not to disclose information related to the relationship or divorce. This was a wise choice made by Mr. Brady and Ms. Bundchen because it effectively protected their brands.

In contrast, there is a recent high-profile divorce in the world of athletics, and it is high-profile for the wrong reasons. This is the divorce of Darren Waller, a former tight end for the New York Giants, and Kelsey Plum, star of the Las Vegas Aces. News broke of their divorce in April 2024. Kelsey has made an effort to keep her private life private. However, Darren has not.

In late May, Darren released a song and music video entitled “Who Knew (Her Perspective) with a clear Kelsey stand-in. Although Darren has said he wrote the song from someone else’s perspective, it is hard to believe that this is not his perspective of the relationship. Here are the highlights of the lyrics:

  • You know, in life, it’s hard to love, it’s hard to be free, it’s hard to give all of your soul, have your heart broken in return.
  • Why do you wanna run away? Ahhh! Why can’t you just stay? Ahhh!
  • How long I gotta climb up this hill? I’m tired, and I wanna be still. Imagine if we fell out of tune, Cause (expletive), who knew that love could kill?

This situation highlights the importance of a non-disclosure clause in a prenuptial agreement. It can be assumed the pair did not have a non-disclosure agreement in place because of the release of the song and the lack of further legal action. Had a non-disclosure agreement existed, this bizarre moment in sports probably would not have occurred, and the couple’s dirty laundry would not have been put out for all to see.