Oops, She Did it Again: Non-Disclosure Agreements –
What Britney Spears’ Third Divorce Can Teach Us about Prenuptial Agreements and NDAs
When Britney Spears posted on Instagram about her engagement to Sam Asghari in September 2021, fellow star Octavia Spencer jokingly commented, “make him sign a prenup.” Now, amidst news of Asghari filing for a divorce, it looks like the couple ultimately did agree to a premarital agreement that protects their individual assets. Even better for Spears, their agreement reportedly contains a broad confidentiality clause, or non-disclosure agreement (NDA). This means that Asghari will not be able to profit from her personal information in the wake of their separation. It’s not uncommon to hear about NDAs during reports of divorces between celebrities or politicians, but these confidentiality clauses aren’t just for wealthy household names – anyone can benefit from negotiating an NDA as part of their divorce settlement.
Although our lives may not mirror the life of Britney Spears, there are often details we would rather remain private, and a non-disclosure agreement can help protect that personal information. NDAs are legally enforceable contracts that prevent parties from disclosing confidential information. If someone breaches the agreement, they may be subject to lawsuits and significant financial damages. In many cases, you and your spouse may reach an informal agreement to respect each other’s privacy; however, drafting a formal NDA may be advantageous if you are facing a high-conflict divorce or custody dispute.
NDAs can prevent your ex-spouse from spreading information about you that may be damaging to your reputation, your career, or your children. In developing your agreement, you may wish to include provisions that prohibit speaking on business dealings and marital financial matters. Additionally, NDA provisions may regulate social media postings. For example, you and your spouse may agree never to mention each other in a disparaging way or share pictures of your children without mutual consent.
Having an NDA is not necessary in every divorce, but it can be a valuable tool to control the spread of sensitive information. Especially in the age of social media and artificial intelligence, it has become increasingly easy for private details to be revealed and permanently exist in the digital sphere. If you believe you may benefit from an NDA in your family law dispute, or if your ex-spouse asks you to sign one, meet with a family law attorney to discuss your options.
If you or someone you know has questions about a Non-Disclosure Agreement in relation to their family law matter, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
