Why does it seem like professional athletes often have issues with family law?
Published 10 May 2016 By: Randy Kessler
Why does it always seem like professional athletes often have issues with family law? From the author’s perspective, as a divorce and family law attorney in the U.S. who handles many athlete cases, I can tell you the reasons seem obvious to me.
With the commercial success of today’s Major League sports, many professional athletes in the US receive life changing wealth and adoring fans at a young age. They often marry and have children; they can become involved with more than one partner; they can have children with more than one partner. This alone is not the problem. But compound this narrative with an almost certain guarantee that their sky-high income will one day come to a sudden (and often sooner than they expected) end, together with their popularity and day-to-day recognizability and relevance to the everyday person, and life becomes very different and difficult very quickly.
Many of the same pressures remain after they retire (which is often in the late 20s) including the pressure to act as a role model and to be on their best behaviour forever. Yet the income has stopped, the accolades have stopped, and the praise in the media has stopped, while the demands for their time and money continue. The family has developed and expect a particular standard of living, and the athlete must figure out how to continue that, if possible, while simultaneously ensuring that the great income briefly earned will last them and their family the rest of their lives. And who is ever equipped to deal with that? Where is the life training for such a situation?
In the U.S., the respective Major League Players’ Associations (NFLPA, NBPA, etc.) do work hard on that.1 But it is a very difficult goal, to teach and instill long-term habits and actions to manage a lifetime of costs and expenses on money earned as a teenager or 20-something. Financial advisors and agents similarly try to help, but know that all they can do is advise. And the advice they are giving (save money, don’t spend, don’t buy another expensive car) is often not what the athlete wants to hear. True, there are many pro players who figure out early on that they need to save and preserve their assets, but often the pressures and temptations of youth, money and fame prevail.
So here’s a novel thought: maybe the public, the fans who feed the situation, should think about how they can help? While most people likely think that pro athletes have it all and that their paycheck is more than sufficient, what athletes don’t often have is the perspective of someone who has been in the workforce for years and is not financially secure. And such financial insecurity can be very valuable. It’s what makes the rest of us save and invest. It’s what makes us say no to certain luxury items. It’s what drives us to be prepared for the future. So how do we give them that knowledge? Speeches, lectures and parental advice may help. But truly it often (unfortunately) takes a dramatic event. Like a foreclosure of their home or repossession of their car or incarceration for missed child support payments. And by then the high income has long since stopped.
This is where my initial question — “Why does it always seem that professional athletes often have issues with family law?” — comes into play. This event may hold the possibility of shocking a former player into reality. I wish it didn’t take this. And I also wish the first such event would always be their last such encounter with family law. These issues are of course avoidable. Players can seek a reduction in the amount of their child support obligations when they stop playing. But few do. Instead, many assume that everyone (the child’s mother, the court and opposing counsel) will understand that they just don’t make the money anymore. But many don’t understand that way. Most think the athlete should have saved money and been prepared. And that’s the problem.
So perhaps the true problem is human nature and youth? How many of us, had we been given or earned millions at the age of 20, would honestly have said “well let’s set up a retirement plan, life and disability insurance and trusts for our future children”? Those concepts, retirement, planning for future generations and insurance against disability are things we learn and decide to do once we are grown up and in the real world for a while. I’d wager that most successful business people didn’t purchase disability insurance, etc. until they were in their 30s, if that soon.
Yes there are agents and advisors; and, yes, most try hard to convince their athlete clients to plan for their future. But youth is youth and human beings are human. So the next time we hear a story of a former athlete who’s hit hard times, let’s take a moment before we condescend and criticize. It is easy to judge, but honestly, how would you or I have handled such wealth at such a young age. Many might say that it would be nice to be in that position, but from what I have seen, I’d prefer a steady, fairly consistent income for life than such early, but often unfortunately temporary, extreme wealth
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- Tags: Athlete Welfare | Family Law | Major League Baseball (MLB) | Major League Baseball Players Association (MLBPA) | National Football League (NFL) | NFL Players Association (NFLPA) | United States of America (USA)
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About the Author
Randy Kessler is the founding partner of Kessler & Solomiany Family Law Attorneys, a 30 person family law firm in Atlanta. He is the author of many family law books including Divorce: Protect Yourself, Your Kids and Your Future (www.divorceprotect.com), The GA Library of Family Law Forms and How to Mediate a Divorce. He teaches Family Law Litigation at Emory School of Law and is the former Chair of the Family Law Sections of the American Bar Association and the State Bar of Georgia.