Are Your Unique Prenup Terms Actually Valid?

Are unusual prenup terms automatically valid?

No. A clause—like a large payout for staying sober—isn't automatically valid, though it isn't void just for being unusual; courts require the terms to be reasonable.

What kinds of clauses do people write into prenups?

People sometimes include micromanaging terms covering things like who cooks or cleans, which courts tend to view skeptically.

Does rewarding sobriety violate public policy?

It raises the question—rewarding sobriety may or may not run afoul of public policy, which is part of what makes such clauses uncertain.

When is a large payout clause fair?

A large per-year payout can be reasonable or unreasonable depending on the circumstances, and courts weigh whether it's fair before enforcing it.

Why are sobriety clauses hard to enforce?

Unlike a clear drug test, defining and proving something like 'drinking to excess' is very difficult, which makes the clause hard to enforce in practice.