Tom Brady and Gisele Bündchen, one of our favorite celebrity couples, are officially divorced after thirteen years of marriage.  A Florida court finalized the couple’s divorce agreement on October 28, 2022,[i] the same day they filed their agreement.  It was reported less than four weeks earlier the pair hired divorce attorneys.[ii]  For the public, accustomed to watching high-profile divorces drag on for months and years, this divorce seemingly concluded at light speed, with rumblings of a separation circulating only a few weeks prior. So why was this near-billion-dollar divorce so simple?

For starters, there was supposedly an “ironclad prenup” put in place before the two tied the knot in 2009.[iii]  According to Forbes, Gisele was the highest-paid model in the world for 14 consecutive years, 2002 to 2016, with an estimated net worth of around $400 million.[iv]  Tom has played more than twenty seasons in the National Football League and is considered by many to be the G-O-A-T.  His net worth is estimated to be around $333 million.[v]  This puts their combined, estimated net worth around $733 million.[vi]  The couple’s forward-thinking and planning for a worst-case scenario paid off, not only saving them a fortune on legal fees but almost certainly sparing them from some of the stress, sorrow, and financial ruin that can come with a nasty divorce.  Because the two agreed to joint custody of their two children, the only thing left to divide was the couple’s portfolio of high-dollar real estate properties purchased throughout the marriage.[vii]

Two Words for The Insurance Defense Industry:  Be Prepared

Tom and Gisele undoubtedly entered their marriage planning to spend the rest of their lives together, but they still had the forethought to execute a solid prenuptial agreement because they were prepared for what could happen.  What lesson can the insurance defense industry take from Tom and Gisele?  The short answer is:  be prepared.

Some claims need the attention and privilege protections of attorney involvement early.  This is especially true for claims that have a higher likelihood of resulting in a Nuclear Verdict®:  specifically, wrongful death, TBI, and CRPS claims.[viii]  Additionally, hiring a defense attorney early to work toward a pre-suit or early litigation resolution may effectively combat plaintiffs’ attorneys’ efforts to trump up damages and drive up the costs of litigation by engaging medical lien factoring companies.[ix]  On the right claim, early preparation and the help of an attorney may ultimately save thousands in indemnity down the road.

Takeaway

In sum, preparing for worst-case scenarios and hiring experienced counsel as early as is reasonable under the circumstances can easily make the difference between a fair, amicable resolution (like Tom and Gisele) and a Nuclear Verdict®.

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Sources

[i] Antonia DeBianchi, Tom Brady and Gisele Bündchen’s Divorce Is Officially Finalized, People (Oct. 28, 2022, 2:20 PM), https://people.com/sports/tom-brady-gisele-bundchen-divorce-officially-finalized/.

[ii] Dan Lyons, Tom Brady, Gisele Bundchen Have Hired Divorce Attorneys, per Report, Sports Illustrated (Oct. 5, 2022), https://www.si.com/extra-mustard/2022/10/05/tom-brady-gisele-bundchen-hire-divorce-attorneys-exploring-options-report.

[iii] Ellen Durney, Gisele Bündchen And Tom Brady’s Divorce Was Finalized Swiftly Thanks To An Alleged “Ironclad Prenup” Separating Their Estimated $733 Million Fortune, BuzzFeed News (Nov. 3, 2022), https://www.buzzfeednews.com/article/ellendurney/gisele-bundchen-and-tom-brady-divorce-ironclad-prenup.

[iv] Id.

[v] Id.

[vi] Id.

[vii] Lea Veloso, Gisele Secretly Bought a Miami Mansion Just Months Before Her Divorce From Tom—A Look at All Their Properties, StyleCaster (Nov. 2, 2022, 5:02 PM), https://stylecaster.com/tom-brady-house/.

[viii] Tyson & Mendes collected 66,000 jury verdicts and settlements provided by Westlaw and used the data to create our proprietary algorithm.  The algorithm revealed certain injuries tend to lead to Nuclear Verdicts®, more than other types of injuries.

[ix] See Michael Drews, What is Medical Lien Factoring and Why Does it Matter?, Tyson & Mendes, LLP (Sept. 30, 2022), https://www.tysonmendes.com/what-is-medical-lien-factoring-and-why-does-it-matter/.