“BAD BOY” AND LIFESTYLE CLAUSES
A prenuptial can be more than just a contract about finances, it can also be an agreement as to the parties’ expectation about the behavior they expect from each other. A “bad boy” or “bad girl” is a clause used by parties to define what constitutes infidelity and the penalties if they should commit an act of infidelity. For example, some couples may include in their definition of infidelity only actual sexual contact, but other may include emotional infidelity. Though Florida is a no-fault divorce state, the parties can contract in a prenuptial what would constitute infidelity and specify how the non-cheating party would be compensated.
“Lifestyle Clauses” address what behavior is rewarded, expected and prohibited other than issues of infidelity that are covered by “bad boy/bad girl” clauses. Public figures and movie stars are known for having lifestyle clauses in their prenuptials. An example of a lifestyle clause is when a party marries a recovering drug addict and the prenuptial provides either an incentive or a penalty if someone relapses. In the event of a relapse the prenuptial may provide a penalty of $5,000.00 or may have a monetary incentive for every years the person remains sober and clean. Other “lifestyle clause” may include how holidays are split among the in-laws, weight limits, reward for each pregnancy, etc.
The Supreme Court of Florida has held that even an “unreasonable” provision in a prenuptial or postnuptial agreement can be enforced, if both parties freely entered into the agreement. There are not a lot of cases addressing lifestyle clauses in Florida; however, this prior decision would suggest that even clauses we may consider ridiculous can be ruled valid in Florida.
Other issues to keep in mind when preparing a prenuptial in an age of the internet and social media is what will be the guidelines for each party relating passwords and log ins for social media, guidelines for posting or adding friends. Also, an important issue for professionals and public figures are “misconduct clauses and bad behavior clauses [reputation]”. Misconduct clauses are important for the protection of individuals’ public image and reputation.
In conclusion, prenuptials and postnuptial agreements can be more than just contracts about finances. However, you need to seek the guidance of a Florida licensed attorney to properly guide you to create a prenuptial or postnuptial that addresses all the issues you need addressed for your new marriage.