Steven Spielberg & Amy Irving: The $100 Million 'Napkin Prenup' That Got Thrown Out
He wrote a prenup on a napkin without lawyers — the judge threw it out and she got $100 million
Key Facts
What Happened
Steven Spielberg, Hollywood's most commercially successful director, married actress Amy Irving in 1985. Before the wedding, the couple reportedly drafted a prenuptial agreement on a cocktail napkin — without the involvement of any attorneys. The informal agreement was meant to protect Spielberg's rapidly growing fortune, which included earnings from 'Jaws,' 'E.T.,' 'Raiders of the Lost Ark,' and his production company Amblin Entertainment.
The marriage lasted just four years. When Irving filed for divorce in 1989, she challenged the validity of the napkin prenup. Her attorneys argued that the agreement was invalid because Irving did not have independent legal counsel when she signed it, the terms were not properly disclosed, and the document itself was informal to the point of being unenforceable. The court agreed.
With the prenup invalidated, California's community property law kicked in. Irving was entitled to half of everything Spielberg earned during their marriage — a period that included some of his most profitable work. The settlement was estimated at $100 million, making it one of the largest in Hollywood history at the time and an astronomical sum for the late 1980s.
The 'napkin prenup' became the most famous cautionary tale in American family law. It is taught in virtually every family law course in the country. The case established several practical principles that remain the standard today: both parties must have independent legal counsel, financial disclosure must be complete and in writing, the agreement must be a formal document, and there must be adequate time to review it. Spielberg married Kate Capshaw in 1991 with a very comprehensive, professionally drafted prenuptial agreement.
Legal Breakdown: Prenuptial Agreements
Requirements for a Valid Prenup
The Spielberg case established the practical standard: both parties must have independent legal counsel, there must be full financial disclosure, the agreement must be a formal written document, and both parties must have adequate time to review and consider the terms. Missing any of these elements can invalidate the agreement.
Independent Legal Counsel
The most critical requirement. If one party does not have their own attorney review the prenup, courts are much more likely to invalidate it. Irving had no attorney, which was the primary reason the napkin prenup was thrown out.
Formality & Documentation
A prenup must be a formal, signed document with proper legal language. Informal agreements — even written ones — are unlikely to be enforced. Courts want to see that both parties took the agreement seriously.
What This Means for Your Divorce
- →A prenup written on a napkin is not a prenup. Both parties need independent attorneys, full financial disclosure, and a formal document.
- →If you cannot afford attorneys for a prenup, you likely don't need one yet. But if you have significant assets, there is no excuse for skipping proper legal counsel.
- →The cost of a proper prenup (typically $2,500–$10,000) is negligible compared to the cost of not having one. Spielberg's napkin cost him $100 million.
- →After a divorce, get a real prenup before remarrying. Spielberg did, and his second marriage has lasted over 30 years.
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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.