When you earn $28.5 million a year a prenuptial agreement is practically mandatory, especially when one party is a Hollywood star.
While Kaley Cuoco, the well-paid actress of Big Bang Theory, may not be pleased that her marriage fell apart after just 21 months, she must be relieved she took that extra step and filed a prenup.
For all we know, her former partner, tennis player Ryan Sweeting, might benefit from it as well.
It's reported that the details of their agreement included alimony provisions, which can be typical. What I do know is that the details included in prenups vary.
Unusual to Zany Prenup Provisions
Some of the most interesting contracts have included provisions for:
- Mutually owned pets.
- Coveted gardeners and babysitters.
- Responsibilities for such duties as dusting, dishes, and other domestic chores.
- Infidelity clauses.
- Protecting time to watch football with friends.
- Trim waists.
- Restrictions on work hours. After all, some people don't want to be married to a workaholic.
- Restricting drug and alcohol use.
- Sex, such as how often a couple should engage in sexual relations - and related issues.
- Not playing the piano while one spouse was home.
- Hair, such as the case where the wife was not allowed to cut her hair.
- Fines for being rude to a spouse's parents.
- Payment for being pregnant
Rosie O'Donnell and Michelle Rounds famously included a cheating penalty. What was that penalty? If Rounds ever cheated, she'd receive absolutely nada as a result of their divorce.
Can these provisions hold up in court? Some surmise that lifestyle clauses - such as provisions about sex and alcohol consumption - are rarely enforceable.
What they do accomplish is establish clear expectations for the marriage.
8 Provisions to Include in Your Prenuptial Agreement
If you are considering a prenup, here are more common guidelines for you to consider.
- Define property distribution.
- Separate your business from community property.
- Explain who will manage household bills and expenses.
- Detail how you will manage your credit card expenditures and payments.
- Note who will manage credit card spending and payments.
- What will be the property distribution to the survivor?
- Decide who will help whom get through college or advanced degree programs.
- Agree on how potential disagreements will be settled and whether you agree to use mediation or arbitration
There are certain boundaries restricting what can and can't be included. For example, and despite the somewhat zany provisions I mentioned earlier in this post, you can't waive your right to alimony, (you may be able to in CA subject to very strict procedures and factual inquiries), negotiate child support payments or custody issues, or state preferences for child-rearing.
You could do what couples have done for several hundreds of years and leave a potential divorce to fate and trust. Actually, that's not the best approach for all couples, especially when there are income descriptions as wide as the Amazon River or you're about to enter into your second or third or fourth marriage.
Settling thorny issues before you get married can make your divorce less emotional and far less expensive.
To make sure your prenuptial agreement stands up in court, make sure you see a family law lawyer with experience in this area.