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Prenuptial Agreement Lifestyle Clauses: Legal Boilerplate Or A Red Flag?


Every marriage has its own unique set of rules.  Some couples never go to bed angry, while others never discuss sensitive topics when they are tired.  Some couples are so averse to outside flirtation that they share an email address, while others have a strict “no jealousy” policy about socializing with the opposite sex.  It stands to reason, then, that every couple manages their finances in their own way.  As with most types of contracts, the court will enforce prenuptial agreements in which the parties agree to almost any conditions they choose.  If you and your spouse are both accomplished businesspeople when you get married, you can agree that each spouse’s business earnings will be his or her separate property; this is why Kim and Kanye’s divorce and Gisele and Tom’s divorce were not worse than they were.  If the court determines that your agreement is unconscionable, meaning that it is unfair, you can persuade the court not to enforce it.  Much like “equitable distribution,” “unconscionable prenuptial agreement” is a subjective term.  If you are wondering whether the prenup you signed will hold up in court, contact a Boca Raton prenuptial and postnuptial agreement lawyer.

What Is a Lifestyle Clause in a Prenuptial Agreement?

In their simplest form, prenuptial agreements simply designate assets or debts as nonmarital that would otherwise be considered marital under Florida law.  Technically, though, you can include provisions about anything, as long as it is not about parenting or child support.  For example, some prenups include provisions about engagement rings, pet custody, or even promises not to withhold a religious divorce in the event of a civil divorce.

“If” statements in prenups are sometimes called lifestyle clauses.  They tend to focus on adultery, such as, “if the wife commits adultery, she forfeits her right to alimony” or, “if the husband commits adultery, he must pay the wife X amount of alimony.”  Some lifestyle clauses refer to how the alimony obligations will increase in relation to the length of the marriage.

Is It Unconscionable to Waive Your Right to Alimony If You Stop Being Able to Fit Into Your Wedding Dress?

Of course, adultery is not the only deal breaker in a prenup.  Some prenups include lifestyle clauses about domestic violence.  You can even promise not to request alimony if your weight exceeds a certain limit during your marriage, and the court might enforce those provisions.  Before you agree to such a condition in a prenup, see how it sounds when you read it out loud to your family, the wedding officiant, or anyone else whose judgment you trust.  Signing prenups is wise, but promising to always look young, especially when you have never known a phase of life other than youth, is foolish.

Contact Schwartz | White About Marrying a Megamillionaire

A South Florida family law attorney can help you ensure that you mean what you are saying in a prenuptial agreement before you sign it.  Contact Schwartz | White in Boca Raton, Florida about your case.



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