Carl Icahn & Liba Trejbal: The Corporate Raider's Prenup Challenged by a Pregnant Ballerina
She signed the prenup while pregnant because he refused to marry her otherwise -- then spent six years trying to void it
Key Facts
What Happened
Carl Icahn, the legendary corporate raider whose hostile takeovers terrorized boardrooms throughout the 1980s and 1990s, met Czech-born ballerina Liba Trejbal in 1978. When she became pregnant eight months later, Icahn offered to marry her -- on one condition: she had to sign a prenuptial agreement. Trejbal signed, and the couple married in 1979. They would have two children, Brett and Michelle, before the marriage began to unravel in the early 1990s.
The couple separated in 1993, but the divorce would not be finalized until 1999 -- six years of bitter litigation that centered almost entirely on the prenuptial agreement. Trejbal argued that the prenup should be voided because she signed it under duress: she was pregnant, unmarried, and Icahn made it clear that there would be no wedding without the agreement. She also claimed that the prenup dramatically undervalued Icahn's assets, which by the 1990s had grown to billions.
Icahn's initial offer under the prenup was approximately $1.5 million per year -- a sum that Trejbal's lawyers argued was insulting given that Icahn's net worth had ballooned to an estimated $5 billion during the marriage. The case became a high-profile test of prenuptial enforcement in New York, with Trejbal's team arguing that the prenup was unconscionable because the wealth gap between what Icahn disclosed and what he actually owned was enormous.
The divorce ultimately settled for an undisclosed sum, widely reported to be in the hundreds of millions. Icahn remarried in 1999, to his longtime assistant Gail Golden. The Icahn-Trejbal case became frequently cited in New York family law for the principle that signing a prenup while pregnant does not automatically constitute duress -- courts look at the totality of circumstances, including whether the pregnant spouse had independent legal counsel and sufficient time to review the agreement.
Legal Breakdown: Prenuptial Agreements
Prenups Signed Under Pregnancy Pressure
Trejbal's central argument -- that she signed the prenup under duress because she was pregnant and Icahn conditioned marriage on the agreement -- raised a question courts still grapple with today. Most jurisdictions hold that pregnancy alone does not constitute duress. Courts examine whether the spouse had independent legal counsel, whether she had adequate time to review the document, and whether the terms were explained. However, the emotional and social pressure of an unplanned pregnancy is increasingly recognized as a factor in determining voluntariness.
Asset Disclosure and Prenup Validity
Trejbal's secondary argument was that Icahn's financial disclosure at the time of signing was incomplete or misleading. If a prenup is based on inaccurate financial information, courts may void it or reform its terms. The massive growth in Icahn's wealth during the marriage -- from wealthy to billionaire -- amplified this argument. Prenups should include provisions for wealth changes, or they risk being challenged as unconscionable at the time of divorce.
The Cost of Protracted Litigation
Six years of divorce litigation consumed millions in legal fees and created immense emotional toll on both parties and their children. Icahn's strategy of using the prenup to limit Trejbal's settlement backfired in terms of total cost: the legal fees likely exceeded what a more generous initial offer would have cost. Sometimes the cheapest settlement is the one you make early.
What This Means for Your Divorce
- →Signing a prenup while pregnant is not automatically duress, but it creates a strong challenge. If possible, sign prenuptial agreements well before pregnancy or marriage pressure exists.
- →Prenups based on incomplete financial disclosure are vulnerable to challenge. Full, verified asset disclosure at signing is essential.
- →Include provisions for significant wealth changes in your prenup. A 'sunset clause' or escalating formula can prevent the agreement from becoming unconscionable over time.
- →Six years of litigation is six years of suffering. Negotiate aggressively but settle when the cost of fighting exceeds the cost of concession.
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This article is based on publicly available court records, news reports, and legal analysis. It is provided for educational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.
Divorce laws vary by jurisdiction. Always consult a licensed attorney in your area before making legal decisions.