Beyond The Astronomer Scandal: The Reality Of Infidelity Clauses In Prenups

What Infidelity Clauses Really Mean For Your Prenup

An infidelity or cheating clause is a provision that imposes a financial penalty on a spouse for marital misconduct. The goal might be to deter an affair or provide compensation to the wronged party. However, their enforceability is highly uncertain.

Many courts view these clauses as attempts to legislate morality, which they are reluctant to do. In states like California and New York, provisions that act as a "punishment" for behavior are often struck down as being against public policy. Relying on one could leave you with a false sense of security.

Can An Affair Affect Property Division?

In most states, the act of cheating itself does not directly impact how assets are divided. Instead of marital misconduct, courts focus on financial conduct. The key legal concept is the "misappropriation of marital funds." If one spouse used joint assets to fund an affair, for example paying for gifts, trips, or housing for a partner, a judge may order that money to be reimbursed to the marital estate during property division. The focus is on the financial loss, not the emotional betrayal.

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A well-crafted prenup provides clarity and protection based on financial transparency, not policing personal behavior. Ready to build a prenup that provides real, enforceable protection for your assets and future? Start your collaborative prenup with Neptune today.