If Divorced, Trump May Lose Custody Of Son Barron And Pay $50M As Payout To Melania, Says Lawyer

Former President Donald Trump and his wife, former first lady Melania, celebrated their 15th wedding anniversary on January 22nd, but rumor has it that he not just lost the US presidential elections, he might lose his wife too, as per Mirror. Divorces are always hard but lawyers can't help but notice just how advantageous it would be for Melania if she were to proceed with the divorce. There has been trouble in paradise for way too long and a former White House aide claims the first lady is "counting every minute" until Trump the president becomes a regular citizen. It was even alleged that the Trumps have "a transactional marriage", and they slept in separate rooms.

Apparently, Melania had her prenups negotiated before joining her husband in Washington in 2017, when he began his term. She is said to have stayed back to take care of their son, now 14, but it is believed she used the opportunity to modify their nuptials. If she stays married to Trump a little longer after they leave the White House, she might end up getting custody of their son Barron and an additional $50 million - which is far more than what both his ex-wives received. In December last year, divorce lawyer Jacqueline Newman, a managing partner at Manhattan-based Berkman Bottger Newman & Rodd, suggested the former first lady could receive about $50 million.

Newman told Town and Country Mag: "I am guessing that she will receive actual cash payments as well as properties. Should she move back to New York City, he will be providing housing for her, whether it means her retaining property in her own name or that he will provide her with an apartment to live in, which he would own, until their son is emancipated, which is 21 in New York. She will also retain any assets that are currently in her own name. I would not be surprised if the amounts range between $20 million and $50 million." It's also worth noting that while Donald's net worth dropped from $3.1 billion in 2019 to $2.5 billion in 2020, Melania, the Slovenia-born former fashion model, has a net worth of $50 million. 

Speaking about how the next year could amount to be crucial for their marriage, Newman remarked: "I think the next year or so will be very telling as to how things will play out with their marriage. Should she remain in the marriage after they leave the White House for a significant amount of time, I would imagine there may be a renegotiation of the agreement. However, should there be a divorce — then the need to renegotiate will be moot." It is understood that the Trumps have a prenup that is “title dictate", which means anything in Trump's name will go to him and assets in Melania's, to her. 

Any joint name is equally divided, but Newman says "I would be surprised if there were any assets held in joint name. These types of prenuptial agreements often will then have a lump sum payment, or a payment over time, issued to the non-monied spouse. I would bet that whatever amount that Melania was due to receive under the original prenuptial agreement has now been significantly increased. There are probably no assets to be divided. It is just a question of what property or properties she will be entitled to live in and how much of a lump sum payment she will receive, plus any spousal support."

London-based divorce lawyer Janette Johnson spoke about how their renegotiated agreement could include also Donald's past affairs. "There could be some penalty clauses for misbehavior, for example, the allegations regarding Stormy Daniels," Johnson told the outlet adding, "It was reported before Melania moved into the White House that she re-negotiated her pre-nuptial agreement – not surprising given the allegations raised. Foremost in her mind was their child, Barron. Further, there will no doubt be other assets built up in their marriage during the term, and no doubt Melania through her lawyers will reach a private settlement."