This post was written by my colleague, Sodoma Law attorney and Principal Penelope L. Hefner
Handsome bachelor meets gorgeous attorney. The match between George Clooney and Amal Alamuddin seemed to be made in heaven. They fell in love, were married by Clooney's best friend, and settled into their new marital bliss. What more could you ask for?
A baby? How about two babies? That's right. The Clooneys are expecting twins in June, Mr. Clooney recently confirmed. Of course everyone wishes the happy couple nothing but the best. But what if down the road the couple should part ways?
Given their respective financial situations, the parties may have already entered into a premarital agreement. However, it is possible that in such a document – if one exists – the issue of custody was not addressed. Like many celebrity couples, the issue of where the children will reside and how they will spend time may be problematic. Should the rich and famous separate, they may choose to live in different parts of the same city, in different states, or across the country. Or in this particular case, in different countries. The parents would be wise to consult with attorneys and child development professionals to determine the best parenting schedules for their children.
They would also face a similar issue that many non celebrities face as well. Are we going to expose our children to social media? The Clooneys are notoriously low profile and almost secretive about their relationship. One would imagine they will be the same, if not more so, about their new babies. Social media and the tabloids will be chomping at the bit to get a glimpse of the twins. Should the parties no longer remain a couple in the future, some decisions will have to be made as to what is acceptable and what is not in this regard.
Another potential issue to be addressed would be child support. There is no question that Clooney has significant financial means. Would a judge require him to pay thousands of dollars of support each month? Or would it be more based on the actual needs of the children? That answer will vary from state to state but it is something that the two parents could later decide in some type of support or parenting agreement.
In the case of the Clooneys, there is the added issue of the age difference between the parties. The mother is 39 years old. The father, however, is 55 years old. By all accounts, Clooney takes very good care of himself, but the reality is that by the time the twins graduate high school, he will be 73 years old. This is where some detailed estate planning would be very helpful. Because it is possible, although not by any means a guarantee, that Clooney will pre-decease his wife, his best opportunity to have his wishes known in regards to the children, their guardianship, and their financial futures is through estate planning.
While the Clooneys seem to live a life that most of us can only dream of, their potential problems in embarking on parenthood are not unique to them. Any new parent should consider making sound estate planning decisions. And in an age where just as many marriages end in divorce as stay together, a premarital agreement, or even a post marital agreement, maybe worth exploring.