Why you should avoid including a lifestyle clause in your prenuptial agreement

On Behalf of | May 18, 2021 | Family law

Prior to the wedding, many couples decide to draft a prenuptial agreement to better clarify the assets and debts that each party is individually bringing into the marriage. The document is designed to be used as a tool to prevent future disagreements. Unfortunately, while this marital contract is supposed to focus solely on financial matters, many couples attempt to over-reach the intended focus of a prenuptial agreement.

One common trend is for couples to include factors that can be listed under a category header such as “lifestyle.” These various lifestyle choices can include:

  • Chores: Whether it is an attempt at humor or they are creating a realistic schedule, many couples want to include daily chores such as dishes, laundry, cooking, shopping or cleaning.
  • Weight loss/weight gain: It is not uncommon for bodies to change as we get older. A marriage that lasts years or decades will likely see each party change. Attempting to include limits on weight loss or weight gain in a pre-marital contract goes beyond the intended scope of the agreement.
  • Workout routines: In an effort to maintain the aforementioned weight, some couples might attempt to include terms centering on exercise. Whether this is the number of weekly/monthly trips to the gym or how much or how often each partner goes running, these factors cannot be included in a prenuptial agreement.
  • Intimacy: Generally included in jest, many couples attempt to include a schedule of intimacy in the prenuptial agreement.
  • Vacations: While the couple might agree about when and where family vacations will occur, the prenuptial agreement is not the place to have this discussion.

Attempting to include factors such as these in the pre-marital contract will likely get the agreement rejected by the court. Prenuptial agreements must focus specifically on assets or debts that will likely be subject to property division if divorce becomes a reality. Even if you and your partner are in complete agreement about various terms, they cannot be included in these documents.

It is important to work with a skilled family law attorney who can provide the guidance, insight and answers you need while crafting this agreement.