Protections Against Infidelity That Can Be Added to Postnups

A new type of postnuptial agreement is emerging. It's called an infidelity postnup. It essentially amounts to one of many types of lifestyle clauses that can be listed in a postnup.

Many spouses, tired of a husband or wife's cheating ways, are getting them to sign infidelity postnups before they consider reconciling with them. They're being championed as a way that a spouse can protect him or herself from being cheated on again. They're considered to dissuade many spouses from doing so, because, if they don't abide by it, then they could be hit with significant financial penalties for not doing so.

Lifestyle clauses have been being written into prenups and postnups alike for years. Some of the more common protections covered in lifestyle clauses include discussions of how often vacations will occur or who will be responsible for the housework. They also commonly mention which spouse will be responsible for paying the costs associated with both.

With those, if certain standards aren't met, then financial penalties are assessed for those not occurring as planned as well.

These types of postnups are rarely used by people of either middle or lower classes and are instead used by people of the upper class. They're often requested by the spouses of politicians, sports players, entrepreneurs and entertainers. These individuals oftentimes have an abundance of money that they're willing to put up to either remain or get back into the good graces with their spouse.

It's these individuals, though, that some attorneys suggest might most want to stay away from signing them. As for the reasons that they maybe should avoid entering into them? It has to do whether they really think it's worth putting up their hard-earned money only to have it lost over a predictable instance of infidelity.

They also note that signing such an agreement might encourage a spouse to wait until their cheating spouse signs the document before showing proof that they knew that their spouse was disloyal. Many note that they've seen countless spouses only show proof once they know they could collect.

Whether you've been asked to sign a prenup or postnup or you're looking to have one drafted between you and your spouse, then a Naples family law attorney can provide guidance in your legal matter.

Source: The Spruce, "Does an "infidelity" postnuptial agreement prevent cheating?," Marni Feuerman, accessed Nov. 10, 2017