In the realm where touchdowns and red carpets intertwine, the recent news of Tom Brady and Gisele Bündchen parting ways has left fans and followers alike in disbelief. Like a sudden fumble in the fourth quarter, their decision to go separate ways after years of apparent harmony raises questions about the hidden pressures of life behind the glitz and glamour.
On February 26, 2009, following a one-month engagement, the Victoria’s Secret model, Bündchen, and football superstar, Brady, tied the knot in an intimate ceremony in California. The couple proceeded to have two children together, currently fourteen (14) and eleven (11) years old.
After Tom announced his retirement from football, tensions arose in the couple’s marriage. Tom ultimately decided to unretire and return to football, which was thought by many to have been a slight to his marriage and family. At the beginning of October 2022, sources confirmed that Gisele had hired a divorce lawyer, with whom she had been talking for “weeks.”[1] On October 28, 2022, the former couple both filed for divorce where the court decreed their marriage as dissolved and irretrievably broken.
According to Bazaar, Bündchen explained that Tom’s football career got in the way of family time which “is one piece of a much bigger puzzle.”[2] The couple stated that their decision to separate was amicable and stemmed from growing apart. In February 2023, following his seven Super Bowl victories, Tom Brady finally decided to retire from football and hang up his cleats, for the second and final time, but at this point it was too little too late to save his marriage.
It is speculated that the couple had an “ironclad prenuptial agreement”, which made the division of assets very simple.[3] As for their respective net worths, Tom is reportedly worth $333 million, with Gisele’s exceeding $400 million, though Tom has a lucrative contract to make $375 million over the next ten years from the broadcasting booth alone.
In Illinois, and most states, divorce records are publicly available. Aside from the speculated terms in the couple’s prenuptial, the inability to access the terms of Tom and Gisele’s settlement suggests they entered their ultimate agreement by reference only, placing only the required court forms into the record and maintaining privacy over the more detailed financial settlement agreement. This practice is common among celebrities, high net-worth individuals, and other prominent figures seeking to safeguard their privacy.
While sealing a file is another way to keep highly sensitive and private information out of the public eye, there is a high bar to convincing the court to grant such relief. To file a motion to seal a file, you must show the court that: (1) there is a compelling interest that favors restricted access and (2) the protective order is drafted in a manner that is least restrictive to the public’s interest. (In Re Marriage of Johnson, 232 Ill. App. 3d 1068.) In Illinois, as in most states, the judge has the discretion to determine what constitutes a compelling interest warranting restricted access, as well as what is considered the least restrictive means to the public’s interest. Moreover, the judge can decide which portions, if any, of the court documents to seal. Under Illinois Supreme Court Rule 371, once a court record is sealed, it remains sealed even if the case is reopened. Ill. Sup. Ct. R. 371. Many argue that sealing documents defeats the purpose of American courts being an open forum, whereas others believe it may be necessary for the parties’ safety. In fact, oftentimes, in high-profile matters, news outlets will seek to intervene in a matter and lodge an objection to efforts to seal a file citing the public interest.
Tom Brady and Gisele Bündchen’s decision to keep the details of their divorce out of the public eye and out of public scrutiny is commendable. This choice not only underscores their respect for each other and their children but also highlights the challenges faced by celebrities in balancing their public image with personal boundaries.
Thomas T. Field, Equity Partner
For more on Mr. Field, please visit: www.beermannlaw.com/team/thomas-t-field.
[1] “Tom Brady and Gisele Bundchen’s Relationship Timeline,” People Magazine, by Amy Lamare, May 7, 2024.
[2] “Gisele Bündchen Breaks Her Silence on Why She and Tom Brady Split,” Bazaar, by Rosa Sanchez, March 22, 2023.
[3] “Tom Brady and Gisele Bundchen’s Prenup Honestly Sounds So Intense,” Cosmopolitan, by Mehera Bonner, November 3, 2022.
