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Family Law

No cheating! Lifestyle clauses gain popularity in prenups

Posted Jun 5, 2013 6:00 AM CDT
By Debra Cassens Weiss

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Lifestyle clauses in prenups and cohabitation agreements are becoming more popular, even though many of them may be unenforceable in court.

The New York Daily News interviewed two New York lawyers about the trend: celebrity divorce attorney Robert Wallack and Ann-Margaret Carrozza, described in the story as a “love contract specialist.”

“A lot of the clauses are not enforceable in court, but they’re still useful,” Carrozza tells the Daily News. “It’s useful for the couple to discuss goals, and it’s more likely to stick.”

Wallack agrees with that assessment, but says an adultery penalty he drafted for one client was upheld by the courts. The wife got about $20 million in property because of the provision.

Rumored provisions in celebrity contracts also award bonuses in a divorce if the other partner cheats. Carrozza says a confidentiality clause may be a good idea for some celebrities who want to impose financial penalties for revealing photos or a tell-all book.

Other contract provisions may require the spouses to spend quality time together, establish maximum weights for the parties, address savings goals and even specify frequency of sex.

Hat tip to Pat’s Papers.

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