What is the typical infidelity clause?

Generally, an infidelity clause stipulates that a spouse guilty of adultery must pay a certain amount to the other party. For example, the clause could mandate a cheating spouse to compensate the other with $50,000.00 upon confirmation of infidelity.

What is the infidelity penalty clause?

In very simple terms, it asserts that if one partner or other is unfaithful during the marriage, they may pay a penalty when it comes to the divorce settlement.

Do infidelity clauses hold up in court?

Although cheating clauses aren't enforceable in California due to no-fault divorce law, some couples mistakenly try to include them in their prenup anyway.

How to write an infidelity clause?

If you do include an infidelity clause, you should be specific about what constitutes infidelity to the two of you. That could include mouth kissing, sending sexy pictures, oral sex, sexting, contacting an old boyfriend or girlfriend on social media, forming a deep emotional bond or even holding hands.

What is an example of an infidelity clause?

One of the most common lifestyle clauses is the stipulation that if one spouse cheats, they must pay a penalty. For example, actress Jessica Biel has a prenup that states that if her husband, singer Justin Timberlake, were to cheat, she would get $500,000.

Are infidelity clauses enforceable?

Although cheating clauses aren't enforceable in California due to no-fault divorce law, some couples mistakenly try to include them in their prenup anyway.

What is the post NUP infidelity clause?

This means the partner would consent to some specified financial payment (or another significant item of value) to be paid if they cheat again. Such agreements, also known as “lifestyle clauses,” can be drafted by family law attorneys.

What is the 80 20 rule infidelity?

80% of your needs are being met by your partner, and you're figuring out the other 20% on your own. When the 80/20 rule is applied to infidelity, the theory is that when someone cheats, they're attracted to the 20% in someone else that they were missing from their partner.

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