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Do “infidelity” postnups work?

On Behalf of | Apr 9, 2021 | High-net Worth Prenuptial And Postnuptial Agreements |

One of the most common reasons for divorce is infidelity. However, infidelity can be a very complex subject. For some married couples, moving straight to a divorce after an instance of infidelity may not be the best option. There may still be a chance of the couple working it out.

Some couples decide to employ infidelity postnups as a way of re-establishing trust after cheating. Do these arrangements actually help to save marriages? Experts have mixed opinions on the subject.

Opinions against the “infidelity postnup”

Keep in mind that if there is a lot of money associated with the couple, it is highly unlikely that financial penalties alone are going to prevent somebody from further acts of infidelity. Another potential downfall of this approach is that it can speak further anger between the couple. In fact, trying to talk about an infidelity post nup agreement often ends up with the conversation trending toward divorce.

Opinions supporting the “infidelity postnup”

Those who support the “infidelity postnup” recommend that couples pursue them in the direct aftermath of infidelity. Waiting to do so can cause further argument. Additionally, it is wise to write the infidelity postnup to include more than just simple cheating. It is highly likely that the issues in the relationship go deeper than physical contact issues alone if cheating is afoot.

Additionally, if the faithful partner has to do overmuch cajoling of the unfaithful partner to engage in an infidelity postnup, it is unlikely that any behavior is likely to change. These arrangements tend to work best when the unfaithful partner is the driving catalyst.