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What a Trump-Melania Divorce Could Mean for the White House in 2024

What a Trump-Melania Divorce Could Mean for the White House in 2024

Melania Trump’s Absence Raises Questions Amid Ongoing Speculation About Their Marriage

This article was published prior to the attempted assassination of Donald Trump on July 13. Following the incident, Melania Trump released a statement where she described her husband as a “generous and caring man,” sharing that the event was a horrifying experience for her family. You can read her full statement here.

“There is nothing more vicious than a man or woman going through a divorce. It is pure hell, like nothing else I have ever seen,” Donald Trump wrote in his 2007 book *Think Big and Kick Ass*. With two divorces behind him, the former president has had his share of experience with marital splits. Speculation about the future of his marriage to Melania Trump, who has been by his side for 19 years, continues, particularly if he wins the election in November.

Melania was often seen as a reluctant First Lady, primarily focused on raising their son, Barron Trump. However, this week, Barron, now 18, made his first public appearance at a Trump rally. He was greeted by cheers as he sat in the front row at the campaign event held at Trump’s Doral resort in Miami, but his mother was noticeably absent.

Since Donald Trump left the White House, Melania has made fewer public appearances. She was not present when the verdict was handed down in his hush-money trial in New York, which involved a payment to silence a woman with whom Trump allegedly had an affair while Melania was pregnant. She was also missing during the crucial debate with Joe Biden in Atlanta on June 27.

While Trump crisscrosses the country holding rallies, Melania’s public appearances have been limited to fundraisers at her private residences—one at Mar-a-Lago and another at Trump Tower. When asked about her absence during an appearance on *Meet The Press* last fall, Trump simply said, “At the appropriate time, she’ll be out there.”

Meanwhile, Barron Trump has been increasingly involved in the campaign. The former president introduced him to the crowd at a recent rally, proudly saying, “That’s the first time he’s done it,” as Barron waved and pumped his fists in response to the cheers. Trump quipped, “He might be more popular than Don and Eric.” He also mentioned that Barron had “such a nice, easy life” until now, hinting that things were about to change for him.

Barron, who graduated high school in May, has mostly kept a low profile until recently. Trump also shared that Barron “got into every college he wanted to and made his choice,” describing him as a “very good guy.”

The New York Post’s *Page Six* reported earlier this month that Melania has struck a deal with her husband regarding his potential second term. She agreed that she would not have to serve as a full-time First Lady if he wins again. A source close to the family revealed that Melania believes she can juggle being both a “hands-on mother and First Lady” at the same time. However, with Barron expected to be away at college by then, her role may become less demanding.

Trump’s marriage to Melania is his longest to date. His previous marriages to Ivana Trump and Marla Maples were much shorter—Ivana lasted about 15 years, and Marla just five. In 2006, shortly after his marriage to Melania, Trump discussed the importance of his prenuptial agreement in an interview with *New York* magazine. He claimed that his prenup had strengthened his third marriage, contrasting it with his previous two marriages, where the prenuptial agreements were contested.

Trump described the prenup as “a hard, painful, ugly tool,” adding, “Believe me, there’s nothing fun about it. But there comes a time when you have to say, ‘Darling, I think you’re magnificent, and I care for you deeply, but if things don’t work out, this is what you’re going to get.’” He further suggested that going through the prenup process could actually predict whether the marriage will last.

Ivana Trump reportedly received $14 million in their divorce, along with an apartment in New York, a mansion in Connecticut, and access to Mar-a-Lago once a year. She also received $650,000 annually in alimony and child support. Marla Maples, Trump’s second wife, reportedly received $2 million.

In 2018, divorce lawyer Sandy Ain speculated that if Trump and Melania were to divorce, he would likely pay her a significant sum, “more than $130,000” (referencing the hush money to Stormy Daniels). Ain added, “You don’t say ‘you’re fired’ to your wife. You say, ‘Here’s a really nice severance package.’”

As Trump’s campaign for a second term heats up, the future of his marriage to Melania remains a topic of public curiosity. Whether she will take a more prominent role or continue to remain in the background is still uncertain, but one thing is clear—she’s not going anywhere without her own terms.

Cheryl New, a fellow divorce attorney, recently discussed Donald Trump’s potential divorce, suggesting that it would be far from quiet. “I don’t think he’s constitutionally capable of handling this discreetly. He’s so confident in himself that he would make it public,” she remarked. She also added, “I think he completely underestimates Melania. She’s a chess player. He’s a checkers player.”

Divorce lawyer Sandy Ain shared his opinion, stating that if a divorce were to occur, Melania’s entitlements would likely be “spelled out pretty carefully.” He added, “Would Trump be prudent to pay her more than what’s specified in the agreement for her silence and to maintain dignity? Very likely.”

Attorney Jacqueline Newman, in an interview with *Town & Country* magazine in 2018, noted that Trump is unlikely to give up his New York apartment in a divorce. “In cases involving high-income, high-asset individuals, the wealthier spouse typically purchases a home for the non-moneyed spouse and children,” she explained.

Newman also pointed out that a judge would likely seal any court filings to protect the couple’s privacy.

At the end of September last year, *Page Six* reported that Melania and her team had been negotiating a new “postnup” agreement. This was said to be at least the third time Melania had renegotiated the terms of her marital contract. Despite the negotiations, the source added that Melania had no plans to end her marriage to Trump.

The source explained that Melania’s primary concern is securing a substantial trust for their son, Barron. The updated agreement, which centers around money and property, was prompted by Trump’s bid for re-election and his ongoing legal challenges.

The source also pointed out that Trump has been convicted of 34 felony counts related to hush money payments to adult film actress Stormy Daniels during the 2016 campaign. Daniels claims they had an affair in 2006, something Trump denies, and the affair allegedly took place just a year into the Trumps' marriage, while Melania was reportedly pregnant with Barron.

Although Trump remains wealthy, the source added that he faces “mounting legal bills and judgments.” The new prenup would aim to ensure a more secure future for Melania and Barron, should the marriage end in divorce.

Another source informed *Page Six* that Melania’s new agreement would aim to secure her more money, with a specific amount set aside for Barron. The goal, it seems, is to provide financial stability for both her and their son.

Divorce could also complicate Trump’s ongoing criminal proceedings. His sentencing for 34 felony convictions in New York has been postponed until at least September. Additionally, Trump faces criminal charges in Washington, D.C., and Georgia for attempting to overturn the 2020 election results, as well as in Florida for the alleged mishandling of classified documents.

In a divorce, spousal privilege— the legal protection that keeps confidential communications between spouses from being used in court— would no longer apply. Currently, spousal privilege shields communications made during a valid marriage, preventing one spouse from being forced to testify against the other in criminal or civil proceedings. However, this privilege ceases once the couple divorces.

Moreover, any communications made after the divorce is finalized will no longer be protected by the privilege. Spousal privilege also does not apply if the spouses are suing each other or if one spouse initiates a criminal case against the other.

As the legal battles continue to mount for Trump, a potential divorce could add even more complexity to an already fraught situation.

If Donald Trump were to divorce Melania before or during a potential second term, he might face a unique situation regarding the role of First Lady. In such a scenario, Trump could appoint a non-romantic partner to take on the duties typically handled by the First Lady. Historically, other presidents who were either single or lost their spouses have chosen family members, such as daughters or nieces, to assume this role.

Trump’s situation would not be entirely unprecedented. Ronald Reagan, the only president to have gone through a divorce, was already in a long-lasting marriage with Nancy Reagan by the time he ran for president, making his previous divorce irrelevant to his public image. 

There have been other instances of presidential remarriages. Presidents John Tyler and Woodrow Wilson both had second wives while serving in the White House. On the other hand, James Buchanan, the 15th president, never married, making him the only bachelor to hold the office.

However, Trump’s potential divorce could come at a political cost. Bill Clinton’s presidency, for example, may have been irreparably damaged had his marriage not survived the scandal surrounding his affair with Monica Lewinsky. Similarly, a divorce during Trump’s second term could have a significant impact on his public perception and political standing.

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