Does Infidelity Nulify a Prenup in Florida?

Does Infidelity Nulify a Prenup in Florida?

At Robert Sparks Attorneys in Tampa, Florida, we understand your needs as you face a looming divorce. We understand that this may be the most overwhelming experience you have ever faced in your family and want to help you through this crisis with as much ease as possible. Please do not hesitate to contact us for more information on your divorce and how we can assist you.

Understanding the Benefits of a Florida Prenup

A prenuptial agreement, also known as a prenup, it a contract that you write with your spouse that details all of your important assets and what will happen to them when you go through a divorce. Having a prenup can help you make important determinations on a financial level, as well as avoid litigation and endure the expense of divorce. When you are going through a divorce, financial stress is one of the last things that you want to think about. This is one of the reasons why a prenup might be necessary for anybody, not just wealthy couples.

Infidelity and Prenups Regarding Divorce

Because Florida is a no-fault state as it applies to divorce, fault is not a consideration in most divorces within the state. Despite the spouse’s behavior during the marriage, both spouses will be entitled to property division and alimony. However, some prenups include what is known as a “clause” depending on what you decide before your marriage.

Women and men have been more frequently requesting infidelity clauses in their prenups more than usual. These clauses are sometimes referred to as “bad boy” and “bad girl” clauses. These clauses included in some prenups state that a spouse should be compensated fairly if the other spouse engages in an act of infidelity within the marriage. Most couples choose these clauses as a way to guide their spouse’s behavior during a marriage so that both couples are more inclined to stay faithful to one another, or lose out on money if a divorce occurs.

Unfortunately, every marriage is different and unique in their own way, which means that this can become confusing when determining what clauses should be welcomed into your prenup. What works for one couple may not work for another, which is why you and your spouse have to decide on what works for you in marriage and divorce.

Can You Challenge an Infidelity Clause?

If your prenup includes an infidelity clause, this does not mean that it will “stick” when it comes time for divorce. You have to determine what counts as infidelity in your specific marriage. Can you prove infidelity? What happens if your spouse was caught flirting through texts – is this cheating by your standards and the court’s standards? Was there physical contact? An adulterer may be able to challenge a prenup with an infidelity clause, which is what makes them complicated to some.

What Matters When You Challenge a Prenuptial Agreement

Except in the few cases such as when a clause is present, a prenup will not be nullified just because of infidelity. However, there are some cases when a prenuptial agreement can be challenged and may not apply to a divorce. These include some of the following circumstances:

  • A party did not form the agreement voluntarily
  • The agreement stemmed from an act of fraud
  • The agreement was made during duress or coercion

It is crucial that you understand how your prenup works and what to expect as you endure the divorce process. This is why you should speak with an attorney who has handled divorce cases previously and will stand by your side every step of the way.

Count on Robert Sparks Attorneys for Care in Your Divorce Case

Dealing with the stress of a Florida divorce can be challenging, especially when it comes to financial matters and prenups. At Robert Sparks Attorneys, we have the skill and resources necessary to help you achieve desirable results in your divorce case. We will guide you in the right direction so that you can get back on your feet. Please contact us for a free case consultation and to learn more about all of your options.