Why are attorneys so lukewarm about ‘lifestyle clauses’ in prenups?

Last updated on April 8, 2021

If an engaged friend or family member was to inform you of their intention to execute a prenuptial agreement, chances are good that you wouldn’t have too much of a reaction. That’s largely because society as a whole has become far more accepting of these legally binding documents and the peace of mind they can grant to couples about important issues like property division and alimony.

If, however, a friend or family member was to inform you of their intention to include so-called lifestyle clauses in their prenuptial agreement, chances are you might have a completely different reaction, including confusion or perhaps even revulsion.  

For those unfamiliar with the idea of lifestyle clauses — or “love contracts” — they are essentially sections within a prenuptial agreement calling for spouses to abide by certain highly personal conditions.

For example, spouses may promise to abstain from alcohol or illegal drugs, spend a set amount of time with each another, abide by certain social media practices or even stay within a certain weight range.

While proponents of lifestyle clauses argue that they can set the foundation for openness and honesty, and help get a marriage back on track should any difficulties arise, many in the legal community are not quite so receptive to these provisions.

Indeed, there are three primary reasons why many family law attorneys shun lifestyle clauses:

  • They are almost always unenforceable in court and perhaps nothing more than a ploy to make one spouse, who is perhaps at a bargaining disadvantage, feel as if they received more than they actually did.
  • Their unenforceability could potentially result in a judge invalidating an entire prenuptial agreement (in the absence of a severability clause).
  • They can serve as an unnecessary reminder of broken promises to an already embittered spouse, thereby increasing the odds of a bitter divorce battle.

What are your thoughts on the idea of lifestyle clauses? Is it anything you would ever consider? 

Reach Out To Our Experienced Team For Help With Your Legal Issues

How The Siemon Law Firm Can Help

Contact our Georgia Family Law Firm by calling 770-888-5120 or by completing this contact form.

An attorney will respond within 24 business hours.

    Fields marked with an * are required

    I Have Read The Disclaimer *

    Our Office Locations

    Cumming, Georgia

    347 Dahlonega St #100,
    Cumming, GA 30040 770-888-5120 Cumming Law Office Map

    Marietta, Georgia

    1850 Parkway Pl Suite 715,
    Marietta, GA 30067 770-888-5312 Marietta Law Office Map

    Alpharetta, Georgia

    4555 Mansell Rd,
    Alpharetta, GA 30022
    770-888-5093 Alpharetta Law Office Map

    Atlanta, Georgia

    3400 Peachtree Rd NE Suite 555,
    Atlanta, GA 30326 770-888-5078 Atlanta Law Office Map