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Divorce Mediation · answered on camera

Wild Prenup Terms? Are They Actually Valid?

Quick answer

Are unusual prenup terms enforceable? Some are, some aren't, explains attorney Bill Leininger. Lifestyle clauses—who cooks or cleans—are usually tossed as unreasonable. A clause rewarding sobriety isn't necessarily against public policy and could be fair for a high earner. The real hurdle is enforceability: defining terms like 'drinking to excess' is far harder than an objective drug test.

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Answered by Bill Leininger · Staten Island, NY and Sarasota, FL

Highlights

0:49

— the sobriety-payout clause that sparks the enforceability question

1:52

— the micromanaging clauses Leininger has seen written into prenups

3:01

— whether rewarding sobriety violates public policy

3:46

— when a large per-year payout is fair versus unreasonable

6:39

— why defining 'drinking to excess' makes such a clause hard to enforce

Frequently Asked Questions

Are unusual prenup terms enforceable?

Some are, some aren't—lifestyle clauses like who cooks or cleans are usually tossed as unreasonable.

Do micromanaging clauses hold up?

Rarely—the micromanaging clauses he's seen written into prenups tend to be struck as unreasonable.

Does rewarding sobriety violate public policy?

Not necessarily—a clause rewarding sobriety isn't automatically against public policy and could be fair for a high earner.

When is a large payout fair?

A large per-year payout can be fair or unreasonable depending on the circumstances, which courts weigh before enforcing it.

Why are these clauses hard to enforce?

Because defining terms like 'drinking to excess' is far harder than an objective drug test, so the real hurdle is enforceability.

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Answered by

Bill Leininger
Divorce Mediation For New York Residents

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