Tom Brady, Gisele Bündchen confirm divorce legal expert weighs financial scenarios

Days after Tom Brady shot down retirement rumors, Gisele Bündchen announced their divorce on Friday. 

In an Instagram post she detailed the split. 

Gisele Bundchen Announces Divorce from Tom Brady 

- With much gratitude for our time together, Tom and I have amblicly finalized our divorce. My priority has always been and will continue to be our children whom I love with all my heart. We will continue co-parenting to give them the love, care and attention they greatly deserve. The decision to end a marriage is never easy but we have grown apart and while it is, of course, difficult, to go through something like this, I feel blessed for the time we had together and only wish the best for Tom always. I kindly ask that our privacy be respected during this sensitive time. Thank you. Gisele 

Legal observers speculate the couple's multi-million fortune will be at the center of the divorce along with their real estate and children. 

The new development comes after Brady shot down early retirement rumors. 

"I love the sport and I love the teammates, and I wanna go do a great job for this team like I always have. So, no retirement in my future" he said in response to a reporter's question last week. 

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.

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. 

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. 

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."