Prenuptial agreements are known for handling financial matters. They define what happens to property, income, and debt in the event of divorce. In Florida, they are powerful tools, enforceable as long as the agreement is written, signed, voluntary, and backed by fair disclosure. But more couples are asking questions about what else a prenup can do. Specifically, can you use a prenup to set expectations about how you live together?
The short answer is yes. You can include lifestyle clauses in a Florida prenup. Whether those clauses are enforceable is a different matter. The court may not compel your spouse to eat dinner with you three nights a week or limit screen time at home. But the agreement can still serve a purpose. It can express intentions. It can outline roles and responsibilities. It can guide behavior and reduce misunderstandings. A Tampa prenup lawyer can help draft lifestyle clauses that make sense and support the financial terms of the agreement.
This article looks at what lifestyle expectations you can include in a Florida prenup, how enforceable they are, and what value they offer even when they don’t hold up in court. We’ll also explore how these clauses work in real marriages and what you should consider before putting your personal life into a legal document.
What Is a Lifestyle Clause?
A lifestyle clause sets non-financial expectations between spouses. It covers how you live, how you treat each other, and what matters in your relationship. These clauses are often personal. They reflect your values, habits, or long-term goals. Some are serious. Some are playful. Some attempt to influence behavior through financial consequences.
Examples of lifestyle clauses include:
- Agreements to maintain a certain level of intimacy
- Guidelines on parenting roles
- Expectations about social media use
- Commitments to attend family functions
- Limits on substance use
- Rules about infidelity and fidelity
- Agreements to maintain physical health or appearance
- Spending limits on discretionary items
While many of these are unlikely to be enforced by a judge, they can still have legal and emotional significance. A Tampa prenup lawyer can help you distinguish between aspirational clauses and those that carry enforceable weight.
Are Lifestyle Clauses Enforceable in Florida?
Some lifestyle clauses may be enforceable. Most are not. Florida courts focus on enforceability through the lens of public policy and contract principles. A court will not enforce a provision that is illegal, vague, or against public interest.
Here’s how Florida courts generally view different types of clauses:
1. Clauses Tied to Financial Consequences
If a lifestyle clause links a specific behavior to a financial penalty or reward, it may be enforceable as a form of liquidated damages. But it must be specific. It must not be punitive. It must be supported by full financial disclosure.
Example:
“If either party commits adultery, the offending party shall pay the other party $100,000.”
This kind of clause may be upheld if both parties agree, the language is clear, and the amount is not excessive.
A Tampa prenup lawyer will warn that these clauses may still be subject to judicial discretion. Florida is a no-fault divorce state. A judge may view this kind of provision as inappropriate punishment.
2. Behavioral Promises Without Consequences
Lifestyle clauses that express intentions without financial outcomes are usually not enforceable. But they are still permitted. The court will not strike them from the agreement unless they contradict public policy.
Example:
“The parties agree to share at least one meal together per day whenever possible.”
This kind of clause has no legal effect. It serves as a written expression of intent.
A Tampa prenup lawyer may include these provisions as relationship tools rather than legal obligations.
3. Unclear or Vague Clauses
If the language is ambiguous, the court may ignore it altogether.
Example:
“Both parties agree to maintain a loving and respectful home.”
This is too subjective to be enforced. A judge cannot define love. The court will focus only on clear, measurable terms.
Why Include Lifestyle Clauses If They Might Not Be Enforceable?
Couples include lifestyle clauses for several reasons. Even if they aren’t enforceable in court, they carry meaning.
1. They Start Important Conversations
Most people don’t talk about day-to-day expectations until conflict arises. Including lifestyle clauses in a prenup forces couples to talk early. They discuss fidelity, family, privacy, and communication before those issues turn into resentment.
A Tampa prenup lawyer can facilitate this conversation through structured legal planning.
2. They Clarify Expectations
When couples write down what they expect from each other, they build shared understanding. One partner might assume the other will stop working after children arrive. The other might assume the opposite. A clause spelling out the intention removes confusion.
Example:
“The parties agree that, if they have children, Spouse A will remain employed full time and Spouse B will remain at home until the youngest child reaches school age.”
This is not binding. But it reflects mutual planning and alignment.
3. They Support Financial Terms
Some lifestyle clauses help explain or justify financial terms in the prenup.
Example:
“Because Spouse A has agreed to relocate to support Spouse B’s career, Spouse A shall be entitled to a compensatory distribution of $150,000 if the marriage ends before year five.”
This shows that the financial term is linked to a personal or lifestyle sacrifice. Courts are more likely to enforce a prenup when they see it was negotiated fairly and with intent.
Popular Lifestyle Clauses Couples Ask About in Florida Prenups
1. Fidelity and Infidelity Clauses
These are among the most requested. Some spouses want reassurance. Others want consequences.
Clause example:
“If either party commits adultery, the other party shall receive an additional $75,000 in equitable distribution.”
Florida courts do not require fault to grant a divorce. But if both parties agreed to this term, and it’s not excessive or punitive, the court may enforce it.
A Tampa prenup lawyer will ensure the term is carefully drafted and not symbolic only.
2. Social Media Clauses
Digital privacy matters. A spouse may want to protect their name, image, or reputation.
Clause example:
“Neither party shall post, publish, or share any photos, videos, or personal content involving the other party without written consent.”
This may be enforceable as a confidentiality clause, especially if it includes specific remedies.
3. Parenting and Childcare Agreements
These clauses are more difficult. Florida courts will not honor parenting clauses that override the best interests of the child. Still, couples can include intentions.
Clause example:
“If the parties have children, both agree to avoid any third-party childcare until the child reaches the age of three.”
The court won’t enforce this clause in custody proceedings. But it helps document shared expectations.
4. Substance Use Clauses
Spouses may want assurances about alcohol, marijuana, or other substances.
Clause example:
“The parties agree that excessive alcohol consumption, defined as more than 14 drinks per week, shall be a breach of this agreement, triggering a $25,000 distribution to the non-offending party.”
These clauses walk a fine line. Enforcement depends on clarity, proof, and proportionality.
A Tampa prenup lawyer will recommend including mechanisms for resolving disputes rather than strict penalties.
5. Fitness and Appearance Clauses
Some couples want to include commitments to maintain a certain lifestyle or physical standard. These clauses are highly personal. They are rarely enforced.
Clause example:
“Each party agrees to exercise at least three times per week and maintain a healthy lifestyle.”
This is not legally binding. But it may reflect mutual motivation and shared values.
Risk of Including Lifestyle Clauses
Not every lifestyle clause is a good idea. In some cases, these provisions create tension or invite conflict.
Risks include:
- One spouse may feel controlled
- The clause may become a source of resentment
- The court may view the agreement as unfair or punitive
- The clause may be used inappropriately during divorce negotiations
A Tampa prenup lawyer will help strike a balance between personal expression and legal sensibility.
When to Include Lifestyle Clauses
Lifestyle clauses work best when:
- Both spouses want them
- The clause supports a financial term
- The clause is specific, clear, and measurable
- The clause reflects mutual values
- The agreement includes mechanisms for dispute resolution
These clauses should never be used to punish or shame a spouse. They work as guides, not weapons.
Can a Judge Strike Lifestyle Clauses Without Voiding the Whole Prenup?
Yes. If the court finds a lifestyle clause unenforceable, it can sever that clause and enforce the rest of the agreement. This is known as severability.
Clause example:
“If any provision of this agreement is found unenforceable, the remainder shall continue in full force and effect.”
A Tampa prenup lawyer will include a severability clause to protect the agreement’s core terms.
Should You Include Lifestyle Clauses in Your Florida Prenup?
That depends on your goals. If the clause supports the financial structure of the agreement or reflects a serious, mutual commitment, it may belong in the document. If the clause is vague, punitive, or likely to provoke conflict, it may be better left out.
Consider whether:
- The clause improves clarity
- The clause reduces future misunderstanding
- Both parties find it reasonable
- The clause aligns with Florida public policy
Your Tampa prenup lawyer can walk you through the pros and cons of each provision.
FAQ
Can I include a lifestyle clause in my Florida prenup?
Yes. Florida allows couples to include lifestyle clauses, though enforceability depends on the language and content.
Are lifestyle clauses enforceable in court?
Some are, especially if they involve financial terms. Others are symbolic only.
Can we include a clause about adultery?
Yes. Infidelity clauses that assign financial penalties may be enforceable if they are reasonable and voluntary.
Can I include social media rules in my prenup?
Yes. These clauses are common and can be enforceable, especially when tied to privacy or reputation concerns.
Can we agree on parenting responsibilities in the prenup?
You can state intentions, but Florida courts will not enforce custody or time-sharing clauses that override the child’s best interests.
What happens if a lifestyle clause is not enforceable?
The court may strike that clause but enforce the rest of the agreement.
Is a fitness or health clause enforceable?
Probably not. These are typically viewed as personal goals rather than legal obligations.
Can I require my spouse to attend counseling in the prenup?
You can include a clause that encourages or recommends counseling, but the court is unlikely to enforce it.
Do lifestyle clauses make the prenup harder to enforce overall?
Not if they are carefully drafted and supported by proper financial disclosures.
Should I talk to a lawyer before adding lifestyle clauses?
Yes. A Tampa prenup lawyer can ensure the clause reflects your intentions and fits within Florida’s legal framework.
The McKinney Law Group: Legal Protection That Supports Healthy Marriages in Tampa
A prenuptial agreement isn’t a sign of distrust—it’s a sign of preparation. At The McKinney Law Group, we help Tampa couples create fair and thoughtful prenups that strengthen their future together.
Call 813-428-3400 or email [email protected] to schedule a confidential consultation.