What Kevin Costner’s Divorce Teaches Us About Prenups in Nebraska
Kevin Costner’s recent divorce has been all over the headlines—especially the legal fight over whether his prenuptial agreement would be enforced.
Now, I’m not necessarily a Kevin Costner movie fan—but as someone practicing law here in Nebraska, it’s hard not to think of Field of Dreams anytime his name comes up. After all, we’re right next door to Iowa, where that iconic movie was filmed. And in some ways, planning a solid prenup is a bit like building that ballfield: if you lay the groundwork clearly and carefully, it can save you a lot of trouble later on.
So how do prenups—or premarital agreements—actually work here in Nebraska?
In Nebraska, premarital agreements are governed by the Nebraska Uniform Premarital Agreement Act (Neb. Rev. Stat. § 42-1001 et seq.). A prenup is a contract entered into before marriage that lays out how property and debts will be handled if the couple later divorces or one spouse passes away.
But here’s the key: not all prenups will hold up in court.
For a Nebraska prenup to be enforceable:
It must be in writing and signed by both parties.
Both parties must enter into it voluntarily—meaning without coercion or pressure.
There must be full and fair disclosure of each party’s financial situation before signing. If one spouse hides significant assets or debts, that can jeopardize the agreement.
The terms cannot be unconscionable (grossly unfair) at the time of enforcement.
The prenup cannot waive certain legal rights, like the right to child support for any children of the marriage.
Kevin Costner’s case is a good reminder of this. Much of the legal wrangling in celebrity divorces often centers around whether the prenup was truly voluntary, whether full disclosure was provided, and whether life circumstances have changed so much that enforcing it would now be unfair.
Here’s where I see Nebraska couples run into trouble: they don’t talk about these things early enough. They either avoid the conversation because it feels awkward, or they try to slap together an agreement close to the wedding date—which can raise serious concerns about pressure, voluntariness, or lack of time to fairly review and understand it.
In reality, a good prenup starts with an honest conversation about financial expectations. What do you each bring into the marriage? How will you handle property, debts, and inheritance? What do you each want to protect?
And just as important: both parties should ideally have independent legal counsel. While Nebraska law doesn’t strictly require each person to have their own lawyer, having separate attorneys strongly supports a finding of voluntariness and reduces the likelihood of future challenges based on misunderstanding or unequal bargaining power.
When done well, a prenup is less about planning for divorce and more about making sure both spouses start the marriage with clarity and trust. It can protect family-owned businesses, preserve inheritances, shield one spouse from the other’s debts, or simply clarify who keeps what if the marriage doesn’t work out.
And because Nebraska law won’t enforce a rushed or unfair prenup, it’s essential to do this thoughtfully—well before the wedding—and with sound legal guidance.
So while Kevin Costner’s divorce may be making headlines, the bigger takeaway is this: whether you’re a movie star or a couple right here in Nebraska, laying a clear legal foundation—building it carefully, like a good ballfield—can save everyone a lot of grief down the road.
If you’re getting married in Nebraska and want to explore whether a prenup makes sense for your situation—or if you’re already married and want to discuss postnuptial agreements or estate planning to clarify your financial expectations—I’d be happy to help.
You can reach me at 402-259-0059 or zach@zandersonlaw.com to schedule a consultation. These conversations can feel uncomfortable—but handled with care, they can actually strengthen trust and transparency in your marriage.