Wide Latitude in Deciding the Terms of a Marital Agreement
When it comes to the terms of prenuptial agreements, and postnuptial agreements, spouses have wide latitude to pick the terms to which they agree. This is one of the reasons why many spouses choose to develop a prenuptial agreement; these agreements aren’t just about selfishly guarding assets, they are about customizing and personalizing a marriage in order to maximize marital quality.
There are certain things which simply cannot be contracted for in prenuptial or postnuptial agreements – child support is one of them. Child support is a matter strictly determined by the court system, and this makes perfect sense. If spouses could contract for child support, one spouse might conceivably contract to avoid this obligation altogether, and this is something which the law in Maryland – and in other jurisdictions throughout the country – simply doesn’t approve of. Of course, spouses can contract for alimony, as well as certain resources which might benefit children; but child support itself isn’t an eligible term.
So-called “lifestyle” clauses have become more and more common in Maryland prenuptial agreements and in agreements across the nation. What sort of items are involved in these clauses? Let’s look at a couple of key examples.
Common Lifestyle Clause – Weight Restrictions
As much as these terms might shock most people, many spouses have included “weight restrictions” in prenuptial or postnuptial agreements. One high visibility example was the marriage between Jessica Simpson and former NFL quarterback Tony Romo. The couple signed an agreement which held that Simpson would maintain a weight of 135 pounds or lower, and that she would pay a penalty of $500,000 for every pound above that maximum.
This type of restriction has manifested in other ways too. For instance, in one high profile Australian case, an agreement held that the wife would receive $10,000 less per month in alimony for every 10 pounds she gained during the marriage. Understandably, these restrictions strike most Marylanders as a bit superficial, and so these aren’t typically included inmost marital agreements. However, they are a classic example of a lifestyle clause, as the spouses are literally agreeing to what kind of lifestyle they are allowed to maintain.
Another Common Clause – Penalties for Infidelity
Another example of a lifestyle clause of sorts is an “infidelity penalty” clause. These clauses are bit more common than weight restriction clauses, although they are still relatively uncommon on the whole. As with weight restriction clauses, there have been some infidelity penalty clauses which have shown up in the national media. One case involved the marriage of one of Trump’s secretaries during his administration. The wife signed an agreement which held that she would receive $7 million as a penalty in the event of infidelity. Amazingly, the husband cheated, and ultimately the courts ruled that the clause was enforceable.
If you’re thinking about adding a lifestyle clause, either related to weight, infidelity, or something else, the best thing to do is to consult with an experienced attorney. An attorney can help to ensure that whatever is agreed upon will be enforceable down the line.
Contact the Murphy Law Firm for More Information
To learn more about lifestyle clauses in prenuptial agreements, prenuptial agreements in general, or another family law topic, contact one of the top family law attorneys at the Murphy Law Firm today by calling 240-219-5243.