Money Rehab with Nicole Lapin

Episode: From Crypto to Embryos and Pets: What You Can and Can't Put in a Prenup with Laura Wasser

Date: November 3, 2025
Guests: Laura Wasser (Noted divorce attorney)

Overview

In this episode, Nicole Lapin welcomes Laura Wasser, one of Hollywood’s most famous divorce attorneys, to unravel the myths, truths, and wildest requests around prenups. They dissect what you can and cannot put into a prenuptial agreement — from crypto and embryos to addiction and infidelity clauses, pets, TikTok followers, and more. Nicole and Laura also dig into common anxieties about prenups, addressing fears that “marriage planning” is just “divorce planning,” and give listeners concrete advice to demystify and empower financial transparency in relationships.

Key Discussion Points & Insights

The Case for Prenups

• Universal need: Nicole believes everyone, not just celebrities and billionaires, should have a prenup for financial clarity and security.
• Laura’s perspective: Prenups set expectations and encourage essential conversations about money and partnership.

What Can and Can't Go in a Prenup?

Enforceability is everything ([04:58], [05:46])

• You can write almost anything in a prenup, but only enforceable provisions matter:
  • “People can agree on anything... The problem is that if it's not enforceable, we don't like to write it up.” (Laura Wasser, 04:58)
• Classic unenforceable (or problematic) requests:
  • Losing baby weight (Laura: “I'm not putting -– that’s insane.” [05:46])
  • Leaving toilet seats up or toothpaste caps off ([06:01])
  • “Reward” clauses for fidelity or sobriety ([06:26], [06:45])
  • Extramarital clauses or “addiction clauses” (e.g., the rumored Nicole Kidman/Keith Urban clause; typically not enforceable and unlikely to hold up in court)

Enforceable focus ([09:20])

• The law cares mostly about:
  • Division of property/assets (community/joint property)
  • Amount and duration of spousal support (alimony)
  • Sometimes estate provisions (continued housing, etc.)

Pop Culture Rumors & Notable Clauses

• Infidelity/addiction clauses: Fun gossip, rarely enforced ([07:16])
• Prevailing party clauses: Discourage challenging the prenup by making challengers pay legal fees if they lose ([07:16])
• Sunset clauses: Not recommended, as they could promote divorce if one party times the end of the prenup ([19:26], [20:18])
• Non-disparagement: Increasingly standard, even for non-celebrities, to discourage social media mudslinging ([17:59])
• Second-generation wealth: Parents seeking to shield family wealth from exes ([25:41])
• Digital assets (followers, content): Managed via business entities; what matters is the income these produce ([17:11])
• Embryos and fertility: Fertility clinics require detailed contracts, and prenups should align with those ([14:07])
• Pets: Once considered property, but courts increasingly look at who cares for the animal ([14:59]); “who’s the better pet parent” can come into play

Modern Complications: Technology, Crypto, and Social Media

• Crypto:
  • Must be disclosed as an asset ([32:22]); if “lost,” forensic accountants trace the funds, and courts may charge a party with value accordingly ([33:39], [34:02])
  • “There must be full disclosure... so they can't just: ‘Oh, my God, I'm so sorry, I don't know where [the seed words] are.’” (Laura Wasser, 33:15)
• Tech evidence:
  • Disappearing messages (Signal, Telegram) limit evidence ([29:22])
  • Social media as both asset (followers/income) and liability (public drama)
  • Wearables & digital records might play a role in custody battles, but are typically not central unless relevant ([27:20])
• ChatGPT:
  • Some clients use AI to communicate more clearly in legal battles; for now, queries and generated messages are only relevant as sent/received communications ([30:02], [31:11])

Feminist & Practical Advice for Financial Conversations

Not “divorce planning” – it’s “marriage planning” ([10:31], [12:13])

• “Everybody has a prenup. The state decides.” (Nicole Lapin, 12:13)
• Understanding state law is crucial; laws vary (forum shopping, zip code hunting) ([12:23], [12:35])
• Having awkward money talks is like sharing the most intimate aspects of life:
  • “If you're having babies with this person... you should be able to say, listen... I need to know that we're a partnership here.” (Laura Wasser, 21:48)
  • “The women that I represent in prenups... Oh, I don't want to talk to him about it. It's so uncomfortable. You have to talk about it. If the genders were reversed, he'd be talking about it with you.” (Laura Wasser, 23:31)

Checklist for those considering divorce ([38:54])

• Know the law in your state (resources: divorce.com)
• Understand your finances: assets, debts, income, expenses (gather tax returns, credit card bills)
• Don’t be afraid to ask questions or seek professional help (mediators, collaborative divorce, etc.)

Power Takeaways and Memorable Quotes

• “Build an emergency fund… Life already throws enough curveballs, you don’t need your bank adding to the chaos.” (Nicole Lapin, 01:33 - from her standard advice)
• “We're not pre-negotiating our divorce. We're just negotiating the terms of our marriage contract.” (Laura Wasser, [10:34])
• “Everybody has a prenup. The state decides.” (Nicole Lapin, 12:13)
• “Having communication is the most important part of any relationship, even if it's not always the fun communication.” (Laura Wasser, 43:33)
• (After the hard conversation): “Go get like a nice bottle of red wine and some delicious pizza and go have sex — because then you will feel foreign.” (Laura Wasser, 45:38)

Timestamps for Key Segments

• [04:18] – Laura Wasser rejoins Nicole; intro to prenup content
• [04:58] – What can/can’t be in a prenup? (enforceability)
• [06:26] – Nicole Kidman/Keith Urban and infamous clauses
• [07:16] – Infidelity & addiction clauses, prevailing party clause
• [09:20] – Assets, spousal support, and big-ticket prenup topics
• [13:46] – “Zip code hunting” for divorce, forum shopping
• [14:07] – Embryos & fertility clinic contracts
• [14:59] – Pets: from property to family member
• [17:11] – Social media followers as marital property
• [17:59] – Non-disparagement and online drama
• [19:26] – Sunset clauses and why they’re discouraged
• [21:48] – Stay-at-home parent worth, gender dynamic in prenups
• [25:41] – Second-generation wealth and family trust issues
• [27:20] – Tech surveillance in custody/divorce, tracking issues
• [29:22] – Encrypted/vanishing message apps: challenges for legal evidence
• [30:02] – ChatGPT and AI in divorce/custody evidence
• [32:22] – Crypto assets and disclosure requirements
• [33:39] – Forensic accountants and tracking hidden assets
• [35:50] – "Emergency stash" of cash for women in abusive situations
• [38:54] – What to do if you're contemplating divorce; the four financial corners
• [40:34] – Mediators, divorce coaches, and new support resources
• [43:19] – Cohabitation agreements for the non-married
• [44:29] – The importance of communication pre-marriage & beyond
• [45:38] – Laura’s final advice: “Don’t be afraid or ashamed to bring up financial things...”

Conclusion: Main Advice to Listeners

• Don’t be ashamed or afraid to talk about money.
• Prenups are for everyone. If you don’t write your own, the state will write one for you.
• Have hard conversations proactively — they get easier, and can power healthier, more honest partnerships.
• Maintain transparency, know your assets, and get involved in your financial life.

This episode is a must-listen for anyone contemplating marriage, divorce, or simply wanting to improve their financial communication with a partner. With both practical and psychological insights, Nicole and Laura demystify prenups and show how money talks can lead to happier, healthier relationships.