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Lifestyle and infidelity clauses often found in California prenup

By |2022-04-06T19:02:08+00:0004 Feb 2015|Categories: Prenuptial Agreements, Marital Contract|

Lifestyle and infidelity clauses often found in California prenup

On behalf of The Law Offices of Dorie A. Rogers, APC posted in Prenuptial Agreements on Wednesday, February 4, 2015.

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

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California

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