What is an Infidelity Clause? An infidelity clause is a provision included in a prenuptial or postnuptial agreement that addresses the consequences of a spouse's extramarital affairs or infidelity. It is a legally binding provision that outlines specific terms regarding the consequences, division of assets, or financial compensation in the event of infidelity in a marriage. Infidelity Clause Examples: 1. Financial Consequences: One common type of infidelity clause outlines the financial consequences of infidelity. For instance, it may state that if either spouse engages in extramarital affairs, the faithful spouse will be entitled to a certain percentage of the cheating spouse's assets or income. This clause can help protect the faithful spouse's financial interests and provide them with a form of compensation for the emotional distress caused by the infidelity. 2. Custody and Support: Another type of infidelity clause may address child custody and support in cases of infidelity. It may specify that if either spouse is found to have participated in extramarital affairs, it can impact their ability to gain primary custody or influence the court's decision on child support payments. This type of provision helps protect the interests of the children involved and ensures that their well-being is prioritized. 3. Reconciliation and Rehabilitation: Some infidelity clauses focus on reconciliation and rehabilitation rather than punitive measures. These clauses may require the cheating spouse to attend counseling, seek therapy, or undergo specific programs aimed at rebuilding trust and repairing the marriage. Non-compliance with these provisions may lead to certain consequences, such as a separation or divorce. 4. Confidentiality: In cases where a high-profile individual or celebrity is involved, an infidelity clause may include confidentiality provisions. This clause ensures that neither spouse will publicly discuss nor reveal details of the extramarital affairs. Violation of this provision may result in financial penalties or other consequences specified within the agreement. 5. Lifestyle Agreement: A less conventional type of infidelity clause is sometimes referred to as a "lifestyle agreement." Rather than solely focusing on the financial or legal aspects, these clauses establish boundaries and expectations related to fidelity and monogamy. They may include provisions that require both spouses to abstain from engaging in extramarital activities and commit to maintaining trust and faithfulness within the marriage. In conclusion, an infidelity clause is a legally binding provision that defines the consequences of extramarital affairs within a prenuptial or postnuptial agreement. These clauses can vary in their focus, including financial implications, child custody and support, reconciliation efforts, confidentiality, and lifestyle expectations. Including an infidelity clause can help protect the interests of both spouses and set forth clear guidelines in the event of infidelity.