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Why Melania Trump may want to revisit her prenup with Donald Trump

Former President Donald Trump and his wife, Melania Trump.
Former President Donald Trump and his wife, Melania Trump.Eva Marie Uzcategui/AFP via Getty Images
  • Melania Trump is reportedly renegotiating the terms of her prenuptial agreement with Donald Trump.

  • The former first lady previously revisited the terms in 2017, according to a biography.

  • Lawyers told Insider renegotiating may be smart amid the legal troubles Donald Trump faces.

Melania Trump spent the first few months of her husband's presidency in New York renegotiating the terms of their prenuptial agreement, Mary Jordan, a Washington Post reporter wrote in her book, "The Art of Her Deal: The Untold Story of Melania Trump."

Now, as Donald Trump maintains his position as the top GOP contender for the 2024 Republican nomination, all the while besieged by a mountain of growing legal troubles, Melania Trump could be wise to revisit those terms yet again, two lawyers told Insider.

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A dishy report from Page Six on Thursday said that the former first lady has already done just that, citing two anonymous sources who told the outlet Melania Trump "quietly" renegotiated the terms of a new "postnup" agreement with her husband over the last year.

Insider was unable to independently confirm the report. Representatives for Donald Trump and several acquaintances of Melania Trump did not immediately respond to Insider's requests for comment.

Renegotiating a prenup isn't solely reserved for couples experiencing marital woes, attorneys told Insider. Reevaluating the legal agreement is common among those who anticipate future financial turbulence, as well.

Trump is facing four criminal indictments and a civil action in Manhattan, in which a judge ordered that the Trump Organization's New York corporate charters be revoked.

"She may well want additional protections for herself and her son," said Bill Beslow, a high-powered New York City divorce lawyer who represented Marla Maples in her 1999 split from Trump.

Beslow could not confirm any details of the current Trump couple's prenup, but said generally, protecting your stake in the marital assets is important, he said, "if you think the whole roof may fall in on you."

Melania Trump may also want to take advantage of the leverage she has at this moment, according to Beslow, whose clients include Demi Moore, Nicole Kidman, Al Pacino, Linda Evangelista, and Mia Farrow.

"She may be saying 'this is what you need to do, if you want me on your side, if you want me on the campaign trail, if you want me in the courtroom,'" he said.

"And he may need her not to do certain things," Beslow added. "What's that worth for him, for example, for her not to write a book?"

Melania Trump has thus far removed herself from Donald Trump's 2024 presidential campaign, forgoing public appearances alongside Donald Trump on both the trail and in court.

As Donald Trump's litany of legal troubles mount, so too do his likely legal fees, Neama Rahmani, president of West Coast Trial Lawyers, told Insider.

"There's a possibility that when it's all said and done, Trump isn't going to be in a good financial state," Rahmani told Insider.

"She may be trying to protect herself," he added.

Beslow, however, cautioned against jumping to the conclusion that a prenup-renegotiation means the Trump marriage is on the rocks.

Spouses in high-power, high-asset marriages do renegotiate their prenups for benign reasons — such as a gesture of generosity, he said.

But more nefarious motivations can also come into play. A prenup can be changed to keep marital property out of the hands of creditors.

"The spouse who is having financial difficulties, or facing financial difficulties, may want to transfer assets out of his or her name," Beslow said.

"That would be all with the view toward avoiding the seizure of those assets," he added.

Regardless of what happens come 2024, Melania Trump is wise to renegotiate the agreement now, Rahmani said.

"To the extent that you can get money from the marriage now, before his creditors get to him, that's something you should consider," he said.

Read the original article on Business Insider