MIAMI, Florida. These days, more couples than ever are signing prenuptial agreements before they get married. The standard prenuptial agreement will make clear which assets and debts are separately owned and which assets and debts will be considered community property. This can be important for couples who have their own businesses or those who have amassed property or wealth outside the marriage. Prenuptial agreements can also outline how inheritances will be handled in the marriage and how property will be divided should the couple get divorced.
Yet, as more couples sign these agreements, Forbes reports that some couples are also adding “lifestyle clauses.” What are lifestyle clauses? These clauses add some additional requirements for the marriage. Most common “lifestyle clauses” include injunctions against infidelity and cheating, though other clauses might include stipulations about how common vacations will take place and how often each couple will go to visit the in laws. In some cases, lifestyle clauses go as far as to stipulate how often sex will take place and how often the couple will go out to dinner.
For example, some celebrity prenuptial agreements guarantee the wronged spouse millions if the spouse cheats. Yet, even if you aren’t celebrity-wealthy or ultra-wealthy, many couples are adding infidelity clauses to their prenuptial agreements and stipulating consequences for breach of contract. If you do plan to include an infidelity clause in your prenuptial agreement, you’ll also need to consider what standard or burden of proof you’ll request. For example, should the infidelity be proven beyond a reasonable doubt?
According to the Huffington Post, Florida is a state where lifestyle clauses remain enforceable. So, if you plan to get married and continue to live in Florida, a lifestyle clause could be a good idea.
While some states find infidelity clauses unenforceable, like California, many couples still choose to include them. Why? Raising the issue in court could lead to infidelity being on the public record. Individuals might be more likely to honor the agreement outside of court even if it won’t be enforced in court, merely to preserve privacy. Also, just as a prenuptial agreement can open up a conversation about marriage, infidelity clauses can open up a conversation about infidelity before the marriage takes place. This, in itself, can be beneficial. So, even if you are not sure you’ll remain in Florida, it might still be wise to consider adding a lifestyle clause to your prenuptial agreement, especially if fidelity is something that’s important to you.
In order for a lifestyle clause to be enforceable, it must be carefully worded to hold up in court. This includes being clear about what counts as a standard of proof. If you are considering including a lifestyle clause in your prenuptial agreement, consider reaching out to the divorce lawyers at USAttorneys.com today. Our firm can help you create a prenuptial agreement that works for you and protects your interests. Visit us at divorce.usattorneys.com/florida/ to learn more.