Bezos’ decision to protect his assets the second time around isn’t shocking to high-profile divorce attorney Robert Cohen, of Cohen Clair Lans Greifer & Simpson, who has handled the divorces of Melinda French Gates and Michael Bloomberg. “They’ve likely been through a nightmare before, which is litigation over their prior divorce and how much you’re giving the other side, or getting, and they don’t want to do that,” he tells Fortune.
While the intimate details of Bezos and Sanchez’s prenup are private and confidential, there are several common components likely to be present in the document and its preparations. Cohen, who is not representing Bezos or Sanchez, said the main factors are likely the sharing of assets, providing support for Sanchez, and death provisions. Within the terms, he speculates that Bezos’ legal team will seek to limit what Sanchez would receive of his assets or so-called “alimony” and would include protections for his four children from his first marriage.
“He’s also going to want to consider what he’s done to terminate his first marriage, because there may be obligations in that that would affect the prenup,” Cohen continues.
Some of these considerations could include protecting the financial security of Bezos’ children, says Chris Chen, a financial planner with Insight Financial Strategies. He points to the potential establishment of an irrevocable trust where the children are beneficiaries.
“It’s about how to put the assets in the prenup in such a way that Lauren doesn’t have a claim to them and, at the same time, being generous enough that she doesn’t really have a reason to complain,” Chen adds.
Different jurisdictions also have different requirements for the legal document. In California, where Bezos owns property, he would be required to disclose to his spouse a complete picture of his finances encompassing his domestic and foreign investments, real estate portfolios, and potentially corporate governance frameworks. “You don’t want there to be anything that you omit or misidentify,” Cohen adds. Even in states that don’t require disclosure, he says he advises his clients to do so anyway.
Regardless of the prenuptial agreement’s details, Bezos’ upcoming wedding is no small feat. With a fortune his size, marriage is as much business as it is romance.
