Lifestyle and infidelity clauses often found in California prenup
Marital agreements are generally important for Californians seeking matrimonial bliss. The cost of living, commodities and other expenses in California are higher compared to other states. So, the financial impact felt from the end of marriage can be more significant. California residents are also no stranger to prenuptial agreements. While some Orange County residents may consider this kind of marital contract as unromantic, some residents would not be married without one.
A prenuptial agreement does not provide only asset protection. It may also set certain guidelines for a couple to follow during marriage by the addition of lifestyle clauses and other conditions included in a prenuptial agreement. Lifestyle clauses can be considered as a guideline for spousal behavior and are frequently included in prenuptial or postnuptial agreements drafted today.
These clauses aim to address the non-financial aspect of marriage such as household responsibilities and physical appearance requirements. Although these clauses do address how properties will be divided, or categorize separate property from the marital ones, failure to comply with the terms and conditions in of this kind of clause may typically result in financial penalties in the event of divorce.
Aside from lifestyle clauses, infidelity clauses are also becoming popular. Because many states follow no-fault divorce law, adultery cannot become a factor in determining property division and alimony. Including infidelity in a prenuptial agreement allows the couple to express their values and set their own rules.
While setting a certain guideline for marriage may seem convenient, California spouses should be mindful of the validity of such clauses in a prenuptial agreement. Family law and divorce law varies from state to state. Checking enforceability may save a spouse from potential legal consequences and headaches in the future.
Source: Forbes, “Can A Prenup or A Postnup With An Infidelity Clause Deter a Husband From Cheating?” Jeff Landers, Mar. 3, 2014