Prenuptial Agreements and “Lifestyle Clauses”
So-called “lifestyle clauses” are gaining popularity in Prenuptial Agreements. These clauses exist to dictate expectations relating to behavior during the marriage. These clauses range anywhere from “no-diaper” clauses (meaning the couple will not have children) to clauses relating to who will do chores around the house.
Some couples have gone so far as to include clauses in their agreements that indicate how often they will have sex or how often they will go on dates. Others have included clauses dictating how many hours per week a spouse can work or how often the couple will spend time with their in-laws. Some spouses-to-be have included clauses relating to how much weight a spouse can gain (sometimes charmingly referred to as a “porker clause”) or whether they can dye their hair or otherwise change their physical appearance.
Consequences for violating a lifestyle clause of an agreement are typically financial; for example, if an agreement indicates that a spouse must weigh less than 150lbs at all times during the marriage, but that spouse gains weight above and beyond that limit, the weight-gaining spouse could owe his or her spouse a certain amount of money for each pound over the stipulated 150.
These clauses are rarely enforceable in court, however, and are often included to memorialize agreements or ideals regarding each party’s expectations throughout the marriage and to represent each parties’ commitment to satisfying the expectations of the other.
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