Credit: Elena Abrazhevich/Shutterstock Infidelity Clauses: Proceed With Caution
Infidelity clauses, spurred on by popular articles and celebrity tabloids, have grown in popularity over recent years. Despite this increase in popularity, however, the legal enforceability of such clauses remains an unresolved question in most states. This begs the question: Are infidelity clauses advisable?
June 09, 2022 at 10:00 AM
7 minute read
Broadly defined, an infidelity clause is a provision in a prenuptial or postnuptial agreement (collectively, "marital agreements") that stipulates that if one party is unfaithful during the marriage, he or she will suffer a financial penalty.
In popular media, infidelity clauses have been classed as a subset of "lifestyle clauses," or clauses that dictate how parties should live during the marriage. Courts have viewed infidelity clauses more starkly, recognizing them as merely one type of provision which aims to punish one party for perceived misconduct during the marriage ("misconduct clauses").
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