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The benefits of infidelity clauses in prenuptial agreements

Some of our readers likely know at least a little bit about prenuptial agreements, whether it is from a close friend's experience or from hearing stories related to prenups of the rich and famous. Usually, these agreements are used to make clear what will be separate and marital property in case of divorce. Other topics covered in prenuptial agreements include alimony and inheritance or estate planning issues.

As the popularity of prenuptial agreements grows, so does something called an infidelity clause. Couples in Florida and across the nation are adding stipulations in their prenuptial agreements about cheating. There are plenty of examples from celebrities, such as the $500,000 Jessica Biel will receive if Justin Timberlake cheats on her.

While adding this kind of language into the prenup can be beneficial simply because it gets the couple talking about these issues, infidelity can be hard to prove, making the agreement hard to enforce. While an infidelity clause can be challenged, a lot of spouses would rather agree to the terms than drag their business out in public court.

Infidelity clauses are part of a bigger idea of lifestyle clauses, which basically outline guidelines for behavior in prenuptial or postnuptial agreements. These may include anything from who will do the housework to even how much weight a person is allowed to gain. Some of these may sound silly, but the idea is that the agreement gets couples talking about their expectations in marriage, which can benefit the union in the long run.

Source: Forbes, “Can A Prenup Or A Postnup With An Infidelity Clause Deter A Husband From Cheating?” Jeff Landers, March 13, 2014

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