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Stop Your Spouse From Cheating? Infidelity Clauses in Premarital Agreements

You may be able to stop your spouse from cheating by including an infidelity clause in your premarital agreement. Celebrities such as Jessica Beal and Catherine Zeta-Jones reportedly included infidelity clauses in their premarital agreements – Beal will receive $500,000 if her husband, Justin Timberlake, is caught cheating, and Zeta-Jones will walk away with $5 million if Michael Douglas is unfaithful.

Believe it or not, this protection is growing in popularity among non-celebrities as well.  Premarital agreements can also include lifestyle clauses that address anything from who does the housework to the frequency of vacations, and even how many times your in-laws are allowed to visit. Family law attorneys can help you draft a premarital agreement that uniquely addresses you and your spouse’s needs and may prove critical in the event of divorce.

The Law in Indiana – Premarital Agreements

Although there are some limitations on what you and your spouse may agree to in your premarital agreement, Indiana law does not prohibit all infidelity clauses. Under Indiana law, you and your spouse may agree on how to determine the disposition of property should you separate or if your marriage dissolves, as long as the terms of the agreement are not unconscionable and the property and financial obligations of the parties are properly disclosed. This means that as long as the premarital agreement isn’t unfair or one-sided and both parties have adequate knowledge of the property and financial obligations of the other party, you and your spouse can agree that an adulterous spouse will be required to pay financial penalties should the marriage deteriorate.

There are several benefits to including an infidelity clause in your premarital agreement. First, it protects you financially in the event that your spouse’s infidelity causes your marriage to end in divorce. Second, it creates a financial incentive that makes it less likely that your spouse will choose to be unfaithful. Third, it gives you and your spouse an opportunity to communicate with each other about your values and expectations, so you will know where each other stands on lifestyle issues that are important to you. Setting these ground rules can quell concerns and build the foundation of a happy marriage.

Get Legal Help

If you’re planning to get married, you should strongly consider protecting yourself with a premarital agreement. In addition to infidelity clauses, premarital agreements can also allow you to clarify the terms of spousal support and the distribution of property in the event of separation, divorce, or death. If you have any questions at all, you should contact Indiana family law attorney Christopher Arrington today. Our team can explain the benefits and ramifications of signing a premarital agreement, help you draft and review your agreement, help you make sure that your agreement will be enforceable, and make sure that your agreement is a perfect fit for you and your spouse.

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