A Lifestyle Clause in a Premarital Agreement May Net You More Money if You Divorce
Creating a premarital agreement is one of the best ways that a couple can protect assets and avoid a messy divorce. These private contracts between spouses are generally enforceable in court as long as full disclosures were made by the spouses, the agreement was signed voluntarily and not under duress, and other legal requirements associated with the premarital contract were fulfilled. While some provisions are not enforceable, like those waiving child support if a marriage ends, the court generally will try to stick to the terms of a prenup in most cases when a couple dissolves their union.
It is largely up to couples what to include in their prenuptial agreements and the New York Daily News reports that more and more couples are putting lifestyle clauses into their contracts. These are written contractual provisions that impose requirements or restrictions on each spouse within the marriage. For example, the prenuptial agreement between Jessica Biel and Justin Timberlake reportedly included an agreement that she’d receive $500,000 if he cheated while the agreement between Michael Douglas and Catherine Zeta-Jones reportedly provided a $5 million bonus to her for his infidelity.
Whether these agreements will be enforced or not depends upon the specific terms of the contract, and whether the court finds the written clause to be enforceable. If you are considering the creation of a prenuptial agreement, it is a good idea to speak with an attorney about what provisions it should include and what steps you need to take to maximize the chances that it will be enforced if you divorce. If your marriage is ending, your lawyer can also help you to make an argument to the judge about whether your prenup should apply.
Vangorodska Law firm represents clients going through divorces with and without prenups. We can argue for the enforcement of lifestyle clauses and other prenuptial agreement terms or we can help you to try to convince the court that a contract you signed should not be upheld during your divorce. Give us a call today to learn more about how our NY divorce lawyers can help to protect your rights as your marriage ends.
Premarital Agreements Protect Your Rights in Divorce
Lifestyle clauses are becoming more common, especially in relation to preventing infidelity, in part because states have eliminated the concept of fault divorce. In fault divorces, things like infidelity could traditionally be considered as a court was dividing up marital assets. Today, most couples get divorced on no fault grounds but this doesn’t mean that things like infidelity don’t play a big role in why marriages end. People entering into a marriage want to try to use the lifestyle clause as a deterrent from bad behavior, as well as a guarantee that their spouse will literally pay for cheating or doing other inappropriate actions that harm the marriage.
Courts have upheld some lifestyle clauses but not in all situations and not all types of clauses. In a 2002 California case, Diosdado v. Diosdado, the court refused to enforce an infidelity clause in a postnuptial agreement because it undermined the public policy underlying no fault divorce laws in the state. State laws differ on this matter. In another state, an infidelity clause entitling a wife to her husband’s U.S. real estate holdings if he cheated was upheld and the wife received around $20 million in property when adultery occurred and the couple divorced.
Even when courts are willing to uphold an infidelity clause or other lifestyle clause, it can be difficult to prove it was violated because the definition of infidelity may be open to interpretation. Those who have such a clause in their prenup and who want to make sure it is enforced will need to make sound legal arguments with the help of a skilled divorce attorney.
An experienced New York City divorce lawyer can provide assistance with complicated questions surrounding the creation or enforcement of a prenuptial agreement. Call Vangorodska Law firm for help as your marriage ends.