Most non celebrities are not putting cheating or infidelity clauses into their prenups. But since they are popular among the celebrity crowd they tend to come up in conversation often. So what is an infidelity clause?
A infidelity clause or cheating clause is a type of lifestyle clause that goes into a prenup. For more on lifestyle clauses check out an older post I did. It lays out the consequences if a spouse cheats during the marriage. Usual it is some sort of monetary penalty. An extra $100,000 for every year the non-cheating spouse stays in the marriage. Or an extra $1,000,000 in the divorce settlement.
The problem is how do you define and enforce cheating?
What constitutes cheating and what constitutes proof of cheating? In the age of social media there may be some easier ways to define cheating and to gather the proof. But how far does it go? Having a profile on a dating site? Liking pictures on Instagram? Sexting? Coffee or lunch with someone not your spouse? Holding hands? Kissing? Intercourse? The list can go on and on.
And if said cheating happened how do you prove it? Must the side piece come forward? Would pictures or screenshots suffice? Does your spouse have to admit to the cheating? Must you catch them in the act? It is a lot to think about, and even if you do figure it out there will be something you don’t count on.
A cheating clause is something to think about but actually having one may not be easy or wise.