Discussions about prenuptial agreements have steadily become more commonplace, particularly in evolving urban hubs like Tampa. A prenuptial agreement, sometimes known as a prenup, is no longer an exclusive tool for the wealthy elite. As more couples strive for openness and proactive financial planning, the prenup has emerged as a way to keep both partners on the same page about assets, debts, and even personal conduct issues. One controversial aspect that sometimes surfaces in prenuptial talks is the inclusion of an “infidelity clause”—a provision that outlines consequences if one spouse engages in an extramarital affair.
But how valid are such clauses in the eyes of Florida law? Does a prenuptial agreement that penalizes cheating hold any real weight in Tampa’s court system? And if you’re considering including a fidelity-related provision in your own prenup, how should you go about it to ensure fairness and enforceability, if possible? This blog post digs deep into these questions, offering a close look at prenuptial agreements, the legal stance on infidelity clauses, and practical considerations for Tampa couples. Keep in mind that while certain guidelines apply broadly in Florida, local courts and cultural contexts can shape how a judge views specific provisions. For a thorough review of your unique situation, consulting a Tampa prenup lawyer remains your best bet.
The Broader Context of Prenuptial Agreements
Over the past few decades, the social and legal landscapes surrounding marriage have shifted. Prenuptial agreements, once vilified as romance-killers, have gained acceptance as prudent financial tools. They can spell out how existing assets and liabilities are treated, define spousal support parameters, and clarify rights to property acquired during the marriage. This clarity often prevents bitter fights if divorce arises, saving both partners time, money, and emotional distress.
Especially in a city like Tampa—where new businesses emerge, property values fluctuate, and people from varied economic strata converge—couples increasingly see a prenuptial agreement as a shield against chaotic future developments. Entrepreneurs might fear losing control of a fledgling company; homebuyers might want to preserve the equity they’ve built. These concerns reflect real stakes that can’t always be handled with a simple handshake. A well-crafted prenup helps each spouse understand what they’re getting into from day one.
Still, the prenuptial agreement is no free pass to avoid Florida’s equitable distribution rules entirely. If a prenup is grossly unfair, signed under duress, or omits major assets, courts can invalidate it. The idea is that while couples have leeway to define their financial contract, they can’t cross lines of unconscionability or deception. This tension becomes even more pronounced when we talk about “behavioral” clauses, including those related to infidelity.
Defining an Infidelity Clause
In essence, an infidelity clause is a condition within a prenuptial agreement that stipulates the consequences if one spouse cheats. Depending on how it’s written, the clause might require the cheating partner to pay a certain lump sum, surrender a valuable asset, or receive less in marital property division if the marriage ends. Some couples see this as a deterrent—if you know you’ll face significant financial penalties for adultery, maybe you’ll avoid it. Others view such clauses as a reflection of moral codes, trying to integrate personal values into a legal framework.
Yet moral stances and emotional responses don’t always translate smoothly into enforceable law. The big question is: does Florida recognize such clauses as valid, or do they contravene public policy? Florida is a “no-fault” divorce state, meaning courts typically don’t weigh infidelity when dividing assets or awarding spousal support. Each spouse can petition for divorce without proving wrongdoing like cheating or abandonment. That “no-fault” ethos often collides with the idea of penalizing a spouse monetarily for straying. However, Florida also respects freedom of contract, letting consenting adults define certain aspects of their marital property rights as they see fit.
Florida’s Approach to Marital Misconduct
In many states, marital misconduct like adultery is no longer the determining factor in property division or spousal support. Florida law exemplifies this approach. A spouse’s extramarital affair doesn’t necessarily entitle the other spouse to a bigger share of assets. However, Florida courts might consider misconduct if it substantially depleted marital resources (for instance, if a cheating spouse spent thousands of dollars on a lover, diminishing the family’s savings). In such scenarios, judges might factor that financial impact into an equitable distribution.
But what if you preemptively define cheating as a ground for financial penalty through a prenup? Could that hold up? The law isn’t black and white. Some judges might see it as consistent with the freedom of contract—two informed adults deciding on a specific remedy for infidelity. Others might argue that awarding monetary damages for personal misconduct disrupts Florida’s “no-fault” principle. Overall, if the penalty is enormous compared to the wrongdoing, or if the entire prenup revolves around punishing cheating, a court could view the clause as punitive and invalid. This area of law remains somewhat gray, leading many legal professionals to advise caution when including such provisions.
Arguments for and Against Infidelity Clauses
A spouse seeking to insert an infidelity clause might assert the following:
- Deterrence: The threat of losing assets or paying a penalty might discourage straying.
- Moral Clarity: Some see monogamy as a fundamental vow of marriage and want legal recognition of that vow.
- Customized Relief: In a scenario where infidelity breaks the bond, the loyal spouse feels financially compensated for emotional harm.
- Communication: Drafting such a clause can spark candid conversations about fidelity expectations, clarifying each partner’s boundaries.
Meanwhile, opponents of these clauses raise valid points:
- Enforcement Challenges: How do you prove cheating? Rely on text messages, social media evidence, or private investigators? The intrusion into personal privacy can be messy.
- Conflict with No-Fault Divorce: Courts might not want to penalize moral transgressions. The clause could be seen as punishing “fault,” counter to state law.
- Emotional Toll: Linking finances to moral behavior can overshadow genuine reconciliation or mutual respect, potentially fueling resentment.
- Unbalanced Power: One spouse might push for an extremely punitive clause, leaving the other spouse vulnerable.
For Tampa couples debating an infidelity clause, the question is whether these perceived benefits outweigh the complexities. You must also weigh the likelihood a Florida judge would uphold it. If you truly believe it fosters clarity and both spouses enter it willingly, you can try, but you must craft it carefully—preferably with input from a Tampa prenup lawyer.
Enforceability: The Legal Hurdles
Even if you and your spouse sign a prenup containing an infidelity clause, enforceability isn’t guaranteed. Florida courts examine:
- Voluntariness: Did each spouse freely consent? If someone was rushed or pressured close to the wedding date, that’s suspect.
- Full Financial Disclosure: Did you exchange comprehensive details about your income, assets, and debts? Concealment can negate the entire agreement.
- Fairness: Is the clause so punitive that it appears one spouse exploited the other’s fear of infidelity? If yes, a judge might strike it down.
- Public Policy: Does the clause contradict the overarching principle that divorce in Florida proceeds on no-fault grounds? If a judge deems the penalty a moral punishment, they might refuse to enforce it.
- Proof of Cheating: Even if the clause is valid, you’ll need to prove the infidelity. That entails evidentiary challenges and can morph your divorce proceeding into a more adversarial contest.
No single factor is determinative, but collectively they shape whether the court sees the clause as “reasonable.” Typically, if the penalty for cheating is modest—perhaps altering spousal support slightly rather than awarding the entire marital home to the innocent spouse—it stands a stronger chance of being recognized. The more extreme the penalty, the higher the risk of judicial pushback.
Drafting an Infidelity Clause: Best Practices
If you remain intent on including an infidelity clause, it’s crucial to approach the drafting with diligence and nuance. You’ll want to consider:
1. Clear Definitions
Vague references to “cheating” or “adultery” can breed disputes over what precisely constitutes infidelity. Does flirting count? Are emotional affairs included? You might define “infidelity” specifically—for example, sexual relations with a third party without the spouse’s consent. The more precise your language, the less chance of interpretive battles.
2. Evidentiary Standards
Florida courts might balk at broad statements like “if the spouse is found to have cheated.” By specifying how to prove the misconduct—through direct evidence, documented admissions, or other means—you give the clause structure. But be wary of making it too invasive or unbelievably complex to enforce.
3. Proportional Penalties
For instance, your clause could say that if the cheating spouse used marital funds to finance the affair, the loyal spouse is entitled to compensation for that sum plus a modest premium. Or you might reduce the cheating spouse’s share of certain marital assets by a small percentage. Excessive punishment, like awarding the entire estate to the loyal spouse, is more likely to be flagged as unconscionable.
4. Spousal Support Adjustments
Instead of demanding a massive lump sum, some couples opt for an approach that modifies alimony or spousal support if cheating occurs. The logic is that this tweak remains consistent with Florida’s broader legal framework, focusing on financial disparity rather than moral condemnation.
5. Sunset or Review Clauses
Over time, relationships and personal views may shift. A provision that triggers a review or expiration date for the infidelity clause can demonstrate reasonableness. If your marriage thrives for 10 years, for example, the clause might automatically fall away, reflecting that trust has solidified.
6. Legal Counsel
Before finalizing any such clause, both spouses should consult separate lawyers—preferably a Tampa prenup lawyer—to ensure clarity, compliance with state law, and confidence that the final text remains balanced.
Emotional and Ethical Dimensions
Beyond legality, infidelity clauses raise ethical and emotional debates. Some argue they cheapen the marital vow, suggesting trust depends on financial deterrents. Others respond that marriage, though romantic, is also a contractual union, making it fair to define potential remedies if core promises are broken. Indeed, many couples realize that putting boundaries in writing fosters more transparency: they can express how catastrophic cheating would feel, thus requiring compensation.
However, it’s worth noting that the presence of such a clause might cast a lingering shadow. If one partner consistently references the “penalty for straying,” resentment can mount. The quest for emotional security might inadvertently fuel suspicion or hamper open communication. In other words, the clause might backfire if it transforms a normal marital disagreement into a paranoid search for “gotcha” evidence.
Finding a balanced approach—acknowledging fidelity’s importance without overshadowing the entire marriage with potential punishments—remains key. You might even explore alternatives: some couples prefer therapy or written moral vows that hold emotional weight but no formal legal penalty. Ultimately, the best route depends on your personal values, your spouse’s comfort level, and the legal insights from a professional.
Tampa’s Legal and Cultural Nuances
Though Florida law is uniform statewide, local legal communities in Tampa develop their own norms. Judges in Hillsborough County might view borderline provisions differently than those in more conservative or more liberal jurisdictions. The city’s diverse population means judges see a variety of prenuptial agreements, from minimal asset divisions to elaborate conditions on spousal behavior. While no official rule dictates that Tampa’s courts are more or less receptive to infidelity clauses, anecdotal evidence from local attorneys suggests that moderate, well-drafted provisions stand a better chance than draconian demands.
Moreover, Tampa’s real estate scene influences prenuptial negotiations. If you or your spouse owns valuable waterfront property or invests in local development projects, the stakes are high. Will an infidelity clause shift property rights if cheating occurs? If so, you must articulate how. Florida law typically requires that property division remain equitable, but if both spouses freely agreed to a certain arrangement, the courts could respect it—unless it’s patently unfair or unconscionable at enforcement time. All these factors make local expertise vital. Consulting a Tampa prenup lawyerensures your clause aligns with both Florida statutes and the prevailing attitudes in local courtrooms.
Comparative Glance: Other States vs. Florida
While focusing on Tampa, it’s instructive to see how other jurisdictions treat infidelity clauses. Some states are more open to fault-based considerations in divorce, making penal clauses for adultery somewhat easier to enforce. Conversely, states with strong no-fault frameworks often disregard personal misconduct, focusing solely on financial fairness. Florida falls firmly in the no-fault category, although it acknowledges economic misconduct that drains marital resources.
Thus, a spouse who invests a large sum in their extramarital partner might face repercussions in a Florida divorce, but not necessarily because they cheated—rather, they misappropriated marital funds. If a prenuptial agreement redefines that wrongdoing in more moral or personal terms, the courts remain cautious. On the bright side, Florida does let couples shape certain aspects of property division, so there’s leeway to incorporate infidelity-based terms if you do so in a rational, balanced manner.
Case Examples (Hypothetical)
- Mild Penalty Clause
John and Eva’s prenup states that if either cheats, the offended spouse may receive an additional $10,000 in the final settlement. The rest of the property division remains unaffected. This approach is relatively moderate, focusing on a small lumpsum compensation. A Florida judge might be more inclined to consider it valid because the penalty is not extreme. Still, John or Eva would need to prove the affair occurred. - Draconian Clause
Suppose Mary’s agreement with Tom says if Tom ever cheats, he forfeits his entire share of the marital estate, no matter how long the marriage has lasted or how minimal the transgression. This is a large penalty that effectively punishes Tom beyond any rational measure. A Tampa court is more likely to strike that clause as punitive, undermining Florida’s stance on no-fault divorce. Even if Tom signed it willingly, the court might see it as unconscionable. - Property-Specific Clause
Henry owns a commercial property in downtown Tampa, valued at half a million dollars. The prenup states that if Henry commits adultery, he must relinquish his interest in that property to Jennifer. Because it’s a singular, high-value asset, a Florida court might interpret it as an excessive penalty, depending on Henry’s net worth. If Henry’s overall assets are substantial, this might be seen as proportionate. If not, the penalty could appear excessive and be disallowed.
Each scenario highlights that the line between enforceable and unenforceable is thin. The reasonableness of the penalty relative to the total marital estate often shapes a court’s stance.
Interaction with Other Prenup Clauses
An infidelity clause doesn’t exist in isolation. Typically, it’s one segment of a broader prenuptial agreement that addresses property division, spousal support, and other rights. If the entire prenup is balanced but the infidelity clause stands out as disproportionate, a judge might sever just that clause while upholding the rest. Conversely, if the questionable clause is so interwoven that removing it eviscerates the agreement’s structure, the entire prenup might crumble.
Couples also sometimes tie the infidelity clause to spousal support. For instance, you might say if the spouse seeking alimony is found to have cheated, their alimony entitlements reduce by 20%. This method attempts to integrate moral behavior with financial outcomes. Yet you risk creating a scenario that’s effectively “fault-based alimony,” which Florida generally does not emphasize. So the chance of partial invalidation remains.
Therefore, it’s wise to ensure your infidelity clause complements, rather than contradicts, the rest of your prenup. If you plan to keep your finances separate, awarding the loyal spouse sole claim to major joint assets might conflict with your broader approach. Achieving internal consistency across all sections of the contract fosters clarity and legitimacy.
Practical Implementation
Implementing an infidelity clause requires a few practical steps:
- Initiate Talks Early
Bringing up cheating clauses days before the wedding is a recipe for conflict and possible claims of duress. Start the conversation months in advance, so both spouses have time to think, consult attorneys, and refine terms calmly. - Involve Separate Counsel
If only one spouse has a lawyer, the other might allege they didn’t fully understand the ramifications. Encouraging your partner to hire a Tampa prenup lawyer fosters fairness, reducing the risk of challenges later. - Keep It Proportional
If your spouse’s total net worth is $500,000, imposing a $1 million penalty for cheating is likely to be seen as punitive. A smaller, well-defined consequence might stand a better chance of acceptance. - Document Consent
Besides standard formalities like notarization, you might include a statement confirming both spouses have read the agreement thoroughly, found it fair, and agreed without pressure. This documentary record can be vital in court. - Clarify Conditions
Spell out exactly how you’ll interpret “infidelity,” how it must be proven, and what specific remedy follows. Avoid ambiguous language that leads to interpretive chaos if one spouse challenges enforcement. - Reflect
Finally, weigh whether the emotional ramifications of such a clause align with your marital philosophy. If trust is paramount, consider whether a legal penalty genuinely fosters trust or inadvertently seeds suspicion.
Realistic Expectations: Courts Might Modify or Ignore Clauses
Even with all the drafting care in the world, Tampa couples should remember that Florida judges maintain significant discretion. If you divorce and your spouse challenges the infidelity clause, the court could:
- Enforce It Fully: If it’s balanced and clearly meets legal standards.
- Strike It Out: If it’s deemed punitive, unconscionable, or contrary to Florida’s no-fault principle.
- Modify It: Judges might reduce the penalty to something they view as more reasonable, preserving the spirit of the clause without harming public policy.
This unpredictability means you might not get the “perfect justice” you hoped for if an affair occurs. Some attorneys recommend skipping infidelity clauses altogether, focusing instead on more universally accepted prenup terms like property division and spousal support. Others see them as a viable negotiation point, so long as you keep things moderate. Ultimately, it’s a personal decision, informed by your moral convictions and willingness to take legal risks.
Psychological Impact on the Marriage
While many couples approach prenuptial agreements from a purely legal standpoint, it’s crucial to consider the psychological consequences. Embedding an infidelity clause sets a precedent that certain moral failings will be penalized. If that fosters a sense of looming punishment, you could hamper your marital dynamic. Conversely, if both of you see the clause as a symbolic gesture—representing how vital fidelity is—maybe it fosters deeper commitment.
But watch for signs that it’s stoking mistrust. If your spouse feels constantly monitored or you become hyper-vigilant for any “sign” of cheating, the marriage might suffer. Marriage counselors sometimes advise that emotional intimacy and mutual respect keep relationships strong, not legal threats. Indeed, no clause can guarantee fidelity. At best, it might deter impulsive behavior or reflect an agreed moral stance. But healthy marriages typically rely on honest communication over contractual punishments.
Role of a Tampa Prenup Lawyer in Drafting Infidelity Clauses
A Tampa prenup lawyer brings local expertise and strategic thinking to the table. They’ll counsel you on the potential enforceability pitfalls of an infidelity clause, drawing on their knowledge of Florida’s statutes and the city’s typical judicial leanings. They can help you calibrate the severity of any penalty, craft precise language about what behavior triggers the clause, and advise how it interacts with the rest of the prenuptial agreement.
Lawyers also handle the formalities—like ensuring both spouses sign well before the wedding, that the agreement meets Florida’s execution requirements, and that each party acknowledges full financial disclosure. If you or your partner has reservations or wants an alternative approach, the lawyer might suggest mediating your differences. By facilitating thorough negotiations, they reduce the chance that either spouse will later claim ignorance or pressure.
In essence, a skilled attorney ensures you’re not venturing blindly into a precarious legal zone. If your hearts are set on an infidelity clause, your lawyer can help you craft it in a manner that best stands up in a Tampa court—though no guarantee exists that it’ll be upheld. At least you’ll have an informed strategy in place.
Evaluating Alternatives to Infidelity Clauses
For couples uncomfortable with the risk or emotional weight of an infidelity clause, alternative provisions might suffice:
- Add a “Morals Clause”
A broader statement that each spouse agrees to act in good faith financially and personally, though not imposing a strict penalty for cheating. This can serve as an ethical guide without legally punishing extramarital affairs. - Focus on Lifestyle Discussions
Instead of codifying cheating repercussions, hold open conversations about boundaries and fidelity. Some couples sign a separate “relationship contract” that lacks legal force but clarifies mutual expectations. - Financial Dissipation Provisions
If you worry about your spouse draining marital funds during an affair, you could specify that any misuse of marital resources—whether for infidelity or otherwise—requires reimbursement. This addresses economic harm while sidestepping moral policing. - Detailed Spousal Support Formulas
If your main concern is not being left financially insecure due to betrayal, you might define spousal support based on length of marriage or career sacrifices, removing moral aspects. Courts are more comfortable with objective financial metrics.
Each path tries to preserve marital trust without the potential pitfalls of penalizing immoral behavior. Whether such alternatives suffice depends on how strongly you feel about punishing or deterring infidelity in a legally enforceable way.
Prospects for Legal Reform
Laws evolve, and so might Florida’s stance on infidelity clauses. While no sweeping legislative changes appear imminent, it’s conceivable that future court rulings or statutes might clarify whether a spouse’s extramarital relationships can influence property division or spousal support. Some states have begun reevaluating fault-based aspects in limited ways. Florida, however, remains deeply rooted in the no-fault principle, making it less likely to pivot drastically.
That said, the American cultural context often sees extramarital affairs as a serious breach of trust. If public sentiment pushes for greater recognition of wrongdoing in divorce, Florida might adapt slightly—though any changes would likely be modest. For now, the burden remains on couples and their attorneys to craft prenuptial clauses that don’t conflict with no-fault policy or cross the line into punitive measures. Should reforms occur, they might simplify the enforceability of certain well-defined misconduct clauses, but that’s speculative.
Navigating Court Proceedings if Infidelity Occurs
If the worst happens and you attempt to enforce an infidelity clause, you’ll face a multi-step process:
- Filing for Divorce
Adultery alone isn’t a legal ground in Florida’s no-fault system, so you’d claim irreconcilable differences or similar language. - Clause Invocation
You’d present the prenuptial agreement to the court, asserting that your spouse’s affair triggers a penalty or modifies property distribution. - Proving Infidelity
You must produce evidence, which might include witness testimony, text messages, or admissions by the cheating spouse. This can become invasive and expensive, so weigh the emotional cost. - Judicial Review
The judge checks if the clause is valid—did you sign voluntarily, with full disclosure, and no unconscionable terms? Is the penalty proportionate? - Possible Outcomes
The judge enforces the clause as written, modifies it, or deems it unenforceable. They might also finalize other aspects of the divorce, like custody and property division.
This route can escalate an already painful divorce into more contentious litigation. If you truly want the option, you must be psychologically and financially prepared for an adversarial process. For some couples, the emotional toll is not worth it. Others, feeling deeply betrayed, see it as necessary for closure.
Weighing the Overall Benefits
Infidelity clauses serve as a “moral handshake” for certain couples, reinforcing fidelity as a non-negotiable part of marriage. The symbolic power might help them feel more secure, or at least more recognized. If the marriage remains monogamous, the clause rarely surfaces—like an insurance policy you hope never to use. Meanwhile, the existence of the clause might deter an unfaithful spouse, though that’s debatable; affairs often stem from emotional or situational factors not easily curtailed by financial threats.
From a practical standpoint, a well-structured prenuptial agreement can bring broader benefits—like clarifying property rights or spousal support. The infidelity clause is just one piece. Even if it’s never triggered, the process of discussing it fosters deeper intimacy. Each spouse learns how the other values trust, loyalty, and emotional boundaries. Yet you must keep in mind the legal complexities. If the clause is extreme or ambiguously drafted, it might collapse, overshadowing the rest of the prenup. A balanced approach, guided by a Tampa prenup lawyer, avoids that pitfall.
Conclusion
In Tampa, where relationships and finances often intertwine amid a rapidly shifting economy, prenuptial agreements have become an invaluable tool for engaged couples. Yet the desire to address personal misbehavior—especially infidelity—adds a layer of complexity. Florida’s no-fault divorce framework places significant hurdles in front of any clause that punishes a spouse for unfaithful conduct. Nonetheless, you can attempt to include an infidelity clause if it’s carefully drafted, proportionate in its penalty, and crafted with full awareness of potential court skepticism.
Consulting a Tampa prenup lawyer is essential if you want to explore this route. They’ll help you calibrate the clause to avoid crossing lines of unconscionability or legal unenforceability. They can also propose alternative solutions—like a narrower “financial dissipation” approach or a flexible spousal support adjustment—that might mesh more comfortably with Florida’s legal principles. Ultimately, whether an infidelity clause belongs in your prenuptial agreement is a personal decision, requiring open communication with your partner and a willingness to navigate moral, emotional, and legal dimensions simultaneously.
Frequently Asked Questions
Q1: Are infidelity clauses in prenuptial agreements automatically invalid in Florida?
Not necessarily. Florida law doesn’t outright forbid them. However, the courts approach them with caution. If a clause seems punitive, conflicts with no-fault principles, or is deemed unconscionable, a judge may refuse to enforce it.
Q2: How can we define “infidelity” so the clause is clear?
Specify exactly what actions qualify—physical intimacy outside the marriage, emotional affairs, or other forms of cheating. The clearer your definition, the less ambiguity you’ll face if you ever need to prove misconduct.
Q3: Will the clause hold if we married in Tampa but move to another state later?
It depends. Many states differ on how they handle fault-based provisions. A Florida-drafted prenup with an infidelity clause might face extra scrutiny elsewhere. Ideally, include a “governing law” clause stipulating Florida law still applies.
Q4: Can the cheated-on spouse automatically claim all marital assets under such a clause?
Extreme penalties that grant everything to the loyal spouse are rarely upheld. Courts may view that as a disproportionate punishment, conflicting with Florida’s equitable distribution approach.
Q5: Does a videotape or text proof guarantee the clause’s enforcement?
Not necessarily. Even if you prove cheating beyond doubt, the judge must accept the infidelity clause as valid. Evidence of the affair doesn’t override concerns about fairness or public policy.
Q6: What if the adulterous spouse spent marital funds on the affair?
This scenario might matter even without an infidelity clause, as Florida courts consider “waste” of marital assets. The faithful spouse may already be entitled to compensation for misused funds. An infidelity clause can reinforce or expand upon that principle.
Q7: Is there a simpler alternative to penalizing cheating directly?
Yes. Some couples adopt a broader “financial dissipation” approach, requiring reimbursement if marital funds are used irresponsibly. Others focus on property division or alimony modifications that aren’t explicitly tied to moral wrongdoing.
Q8: How do we discuss this topic without damaging our relationship?
Approach it early and calmly, emphasizing mutual respect. Seek separate legal counsel, and consider mediation if tensions rise. Communication that underscores shared goals rather than distrust can ease the emotional strain.
Q9: Does the presence of an infidelity clause undermine the rest of the prenup if it’s found invalid?
It depends on whether that clause is severable. If it stands alone and the rest of the prenup can function without it, a court might uphold the remaining terms. Otherwise, the entire agreement could be jeopardized.
Q10: Should we consult a Tampa prenup lawyer even if we only want a standard prenup?
Absolutely. Florida’s rules and local case law can be intricate. An attorney ensures your entire prenup—not just the infidelity part—complies with formalities, remains balanced, and addresses your specific needs effectively.
The McKinney Law Group: Empowering Tampa Couples with Practical Prenups
At The McKinney Law Group, we view prenuptial agreements as a tool for empowerment—not conflict. We work with Tampa couples to draft custom, respectful agreements that reflect shared values and future plans.
We help with:
✔ Maintaining financial independence within marriage
✔ Avoiding future misunderstandings and costly litigation
✔ Creating flexible alimony terms or waivers
✔ Protecting separate assets from becoming marital property
✔ Ensuring transparency and fairness from the start
Start your marriage on a strong, secure foundation.
For thoughtful prenup planning in Tampa, contact Damien McKinney at 813-428-3400 or email [email protected] today.