Lifestyle Clauses in a Prenup

In ye days of yore, prenuptial agreements were relegated strictly to the realm of property and finances. However, over the decades, the once well-defined prenuptial agreement boundaries have since gotten a little blurry. These days, it's not uncommon to see prenuptial agreements that stipulate anything from weight gain, to cheating, to who has to do the dishes on Saturday night.

While we'd like to affirm the sentiment that "all's fair in love and war (and a prenuptial agreement)," the truth is things aren't quite as simple as that, and these "lifestyle clauses" aren't always enforceable. Here's what you need to know about how Texas handles lifestyle clauses in prenups, whether they're enforceable, and when you might want to consider including one in your prenuptial agreement.

Prenuptial Agreements: 101

A prenuptial agreement is a contract that an engaged couple can draft prior to marriage. This document can be used to do a lot of things, but its main purpose is to help simplify property and financial matters if the couple ever gets divorced. In order to be enforceable, a prenup must be signed by both parties, executed before marriage, and be fair to both sides. According to the Texas Family Code, each partner must disclose all known property and assets as part of the agreement, and Texas legislation also requires that each party retain their own separate counsel as a part of prenup negotiations.

What Can a Prenup Include?

In the past, Texas courts have enforced prenuptial terms that keep property separate; keep future earnings separate; insulate pre-marriage retirement funds or investment accounts from divorce; safeguard family heirlooms; protect one spouse from the outstanding debt of the other; provide for children from another relationship; outline spousal support; and address the division of property upon death or divorce.

Lifestyle Clauses

Unlike the above-mentioned terms, lifestyle clauses are conditions that have nothing to do with property or finances in a couple's marriage. These terms usually attach a financial ramification for violating a prohibited behavior of some kind, and have included things like: penalties for infidelity, the frequency of sex, random drug testing, acceptable weight gain/loss margins, chore charts, pet custody, how children will be raised, and what kinds of things can and cannot be posted on social media.

Lifestyle clauses are not enforceable while a couple is married, and really only become relevant if they get divorced.

Enforcing Lifestyle Clauses

Courts don't typically like lifestyle clauses all too much. Judges are in the business of enforcing laws with clear-cut rules that require objective analysis. When you ask the court to enforce a lifestyle clause, you're essentially requesting that your judge act as a kind of morality police in your marriage.

That being said, Texas legislators have specifically prohibited only a few things in regards to prenuptial agreements: prenup terms cannot dictate legal or physical custody; make directives about child access or visitation; limit or restrict child support amounts; or induce one spouse to commit a crime or engage in illegal behavior.

Fault and Lifestyle Clauses

Many states won't even consider enforcing a lifestyle clause, since the very idea flirts too heavily with fault. Texas, however, is one of the few remaining holdouts that still allows for fault-based divorce, which lends some weight to the idea of enforceable lifestyle clauses—especially the fidelity kind. In reality, however, there's no way to tell for sure if your lifestyle clause will be enforceable until you actually get divorced.

Prenuptial Agreement Attorneys in Texas

If you have more questions about how Texas handles lifestyle clauses in prenups, and are wondering whether certain provisions might be enforceable in your situation, we want to hear from you. Call the North Texas Family Lawyers team today at (972) 436-8000, or schedule a consultation online, and let us help you draft an agreement that meets your individual needs.