What the Lori Loughlin–Mossimo Giannulli Prenup Teaches Us About Asset Protection

When news broke that actress Lori Loughlin and fashion designer Mossimo Giannulli had separated after nearly three decades of marriage, the headlines quickly turned to their prenuptial agreement. According to TMZ, the couple’s 1997 prenup designated all assets as separate property — a clause that could leave Loughlin with little to claim in divorce. While celebrity divorces often make headlines for their drama, they also highlight practical lessons about asset protection, fairness, and the limits of old agreements. For Nebraska couples, these lessons are a reminder that prenuptial and estate-planning documents should evolve with your life, not gather dust in a file drawer.

Why Celebrity Prenups Matter for Nebraska Clients

Celebrity cases like Loughlin and Giannulli’s grab attention because of the large numbers involved, but the underlying principles apply to everyone. Their prenup, reportedly signed before marriage, classified each party’s assets as separate property — a common provision when one spouse enters with more wealth

The problem is time. Over nearly 30 years, income, investments, and family contributions can shift dramatically. Even if a prenup was fair in 1997, courts may look differently at it in 2025, especially if it no longer reflects the couple’s financial or family reality.

For Nebraska clients, the takeaway is simple: a prenup is not “set and forget.” It’s part of your broader estate and financial planning — and it needs to be revisited when your circumstances change.

Nebraska Law on Prenuptial Agreements

Enforceability Under the UPAA

Nebraska follows the Uniform Premarital Agreement Act (UPAA), codified at Neb. Rev. Stat. §§ 42-1001 et seq. Courts will enforce a prenuptial agreement if it was:

• Entered voluntarily and without coercion

• Supported by full and fair financial disclosure

• Not unconscionable when signed

If a spouse lacked independent counsel, received incomplete disclosure, or was misled about assets, the agreement can be invalidated. Nebraska courts also reject prenups that try to decide child custody or support, since those issues must always serve the child’s best interests.

When Courts Revisit Old Agreements

Even a valid prenup can face scrutiny if enforcement would be unfair at divorce. In Nebraska, courts may refuse to enforce an agreement if it violates the UPAA or is unconscionable when enforced. A decades-old prenup might invite challenge if one spouse built a business, raised children, or supported the other’s career, yet the agreement still excludes all marital contribution.

While a prenup is a contract, Nebraska is an equitable-distribution state, not a community-property one. Courts retain power to ensure fairness where an agreement no longer reflects reality or violates statutory requirements.

Postnuptial Agreements: The Nebraska Caveat

In Devney v. Devney, 295 Neb. 15 (2016), the Nebraska Supreme Court held that post-marital property-division agreements — contracts signed after marriage to predetermine division on divorce — are void as against public policy, since no statute authorizes them.

However, estate-waiver agreements made after marriage are enforceable under Neb. Rev. Stat. § 30-2316, which allows a spouse to waive inheritance, elective-share, and homestead rights if the waiver is written, signed voluntarily, and includes fair disclosure.

In practice, this means you can’t sign a general “postnup” to control divorce outcomes in Nebraska, but you can sign a waiver of inheritance rights as part of an estate plan — a helpful tool for second marriages or blended families.

Estate-Planning Integration

A prenup is most effective when it aligns with your estate plan. In Nebraska, this means coordinating your wills, trusts, and powers of attorney to mirror your marital agreements and financial goals.

Wills, Trusts, and Guardianship Coordination

If you or your spouse later become incapacitated, asset titling — joint, separate, or held in trust — affects guardianship and conservatorship planning. Courts appoint guardians or conservators when needed, but clear ownership and planning documents reduce confusion and ensure assets are managed according to your wishes.

Couples who treat their prenup and estate plan as one cohesive system avoid costly disputes and protect both partners if health or financial challenges arise.

Planning Tips for Business Owners and High-Net-Worth Clients

Business ownership adds complexity. A prenup can protect a pre-existing company, but if both spouses contribute during marriage — financially or otherwise — some value may be viewed as marital. To minimize disputes:

• Review your prenup whenever your business grows or changes

• Keep thorough records of ownership and capital contributions

• Coordinate your estate plan and succession plan

• Treat updates as best practice every few years or after major life events

Nebraska doesn’t require periodic updates, but proactive reviews help prevent arguments later.

FAQs About Nebraska Prenups

What is a prenuptial agreement, and why would I need one in Nebraska?

A prenup is a contract signed before marriage defining how assets, debts, and sometimes spousal support will be handled in divorce or death. It helps couples set expectations, protect property, and avoid future disputes — especially where one has significant assets or children from a prior relationship.

What makes a prenup enforceable in Nebraska?

It must be voluntary, with full disclosure and fair terms at signing. Independent legal counsel for both spouses is highly recommended. Courts may decline to enforce a one-sided or coerced agreement.

Can a prenup signed decades ago still be valid?

Yes — but its fairness may be challenged if the couple’s situation changed dramatically. Regular legal reviews help ensure it still reflects your shared intent.

Are postnuptial agreements valid in Nebraska?

Generally, no. Nebraska voids post-marital property-division contracts (Devney v. Devney), but estate-waiver agreements under § 30-2316 are valid if properly executed.

How does a prenup fit into estate and guardianship planning?

Prenups define ownership and inheritance rights; estate plans direct how those assets are managed and distributed. Together, they create consistency in planning for incapacity, guardianship, or conservatorship.