static_assert fails check on templated object pointer

template <size_t N>
class Foo
{
    static_assert(N > 0, "WRONG");
    //void Something() = 0; //my original implementation
};

int main() {

    Foo<0> *p2 = nullptr;   //no error
    Foo<0> p;   //gives an error

    return 0;
}

I've tested both the lines separately. static_assert is not called when p2 is initialized but it is called and does indeed fail on p. Is this intended? (I've tried it on gcc, clang and VC)

What are the workarounds? Since I'm using abstract templated classes, it would be a nightmare if the assertion is only performed when a non-pointer object is instantiated. I can use a factory but that isn't exactly a proper solution.