You hear about them in celebrity divorces all the time, you just didn’t know they had a name. “Lifestyle clauses” are popular in celebrity prenups, but what about for us regular folk? Is a lifestyle clause something you should consider for your prenup?
So you may be thinking, “what is a lifestyle clause?” One of the more famous types of lifestyle clauses is the infidelity clause. If one spouse cheats then the other can get a substantial amount of money and/or property. The thing with infidelity clauses is what actually constitutes infidelity? Is it just sex with another person and if so how does one spouse define sex?
Speaking of sex, another popular lifestyle clause is about all about sex. Spouses stipulate how often they expect sex (daily, weekly, only on birthdays) and some even get a little more specific and specify which positions should be used (really?).
For those of you that don’t know, sex can lead to babies. Don’t want kids? That can go into a prenup. Couples will stipulate that they do not want to have to children. Others who want children may stipulate as to how they should be raised. Want your kids to be vegan? Should they go to private school?
Is your fiancé in really great shape and you want to make sure they stay that way? Then maybe a weight limit clause is right for you. These types of clauses put limits on much weight a spouse can gain. The penalty: a high fine for each pound of weight gained or a huge lump sum payment from the “overweight” spouses’ separate property.
As you can see lifestyle clauses are just that, clauses that define a couples’ lifestyle while married. The problem with these clauses is that they can be seen as repulsive to some. Also there is a very good chance that they will not hold up in court. Add too many of these clauses and your entire prenup could be void. It is probably best to leave these clauses out of your prenup, I for one wouldn’t’ sign one with a weight clause.