Husband and Wife fall in love and marry.
Wife goes astray and has an affair.
Husband files for divorce.
And is aghast to learn that Wife’s cheating is irrelevant in family court.
Wife is still presumed entitled to half of the marital assets.
In general, Wife’s extramarital activities don’t impact a claim for alimony and spousal support.
Ditto, child support and visitation and parental responsibility.
For some, this is a bitter pill to swallow.
And that’s why infidelity penalty clauses are finding their way into more and more prenuptial agreements.
An adultery clause in a prenup can punish a wandering spouse financially, in regards to both property division and alimony.
Such clauses in an otherwise valid antenuptial agreement will be honored in Florida.
Now that “no fault” divorce is universal in family law across the US, couples are re-introducing the concept of fault in divorce via the prenuptial agreements.
Read more in this [UK] Daily Mail article: New prenup that means partners who stray will lose everything: Growing number of couples opting for infidelity penalty clause in agreements, divorce lawyer reveals .
