Prenups used to be about who keeps the condo and who walks away with the car. But a new study by Your Law Firm shows that couples today are getting far more creative—and sometimes downright bizarre—when spelling out their terms.
These contracts now include lifestyle rules, social media restrictions, and financial penalties that resemble reality TV contracts more than traditional legal documents.
Kira Abernathy, a family law attorney who has drafted numerous prenuptial agreements, says she’s seen it all. “Couples today want to address every possible scenario before they walk down the aisle,” she explains. “What starts as romantic planning can turn into some pretty eye-opening legal territory.”
Here are the six most unusual clauses she’s encountered:
1. The Cheating Penalty Box
Infidelity clauses are booming. Some strip cheaters of alimony, others demand specific dollar payouts. Abernathy has seen penalties from $50,000 to $500,000—sometimes even loss of a family vacation home.
2. Pet Custody Gets Serious
Custody battles aren’t just for kids anymore. One prenup ordered $2,500 a month for a French Bulldog’s care, along with a $5,000 yearly “enrichment fund” for toys and training.
3. Social Media Silence Clauses
In the era of Instagram divorces, prenups are now regulating posts. Abernathy has seen fines of $10,000 per embarrassing photo, with an extra $25,000 if the post goes viral.
4. The Weight Clause Weigh-In
Some contracts require spouses to maintain weight within a set range, with $1,000 monthly penalties for every 10 pounds over. Courts rarely enforce these, but they can be used as bargaining chips.
5. In-Law Invasion Protection Prenup
Couples are putting boundaries on family visits, including bans on certain relatives. Violations can mean paying for a $15,000 “recovery vacation” for the other spouse.
6. Lifestyle Maintenance Requirements
From mandatory weekly date nights to two vacations per year, these clauses try to enforce romance. One couple even required a $500 “disappointment fee” for each canceled date night.
“These unusual clauses reflect how couples are trying to protect not just their assets, but their expectations for marriage itself,” Abernathy explained. While enforceability varies by state, she notes, the real power is in leverage. “They rarely hold up exactly as written, but they can completely shift divorce negotiations.”
Love may be unpredictable, but prenups aren’t. They’re ledgers of every possible disaster scenario—sometimes down to who buys the dog’s chew toys.
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