Can a Postnuptial Agreement Prevent Cheating in Atlanta?

Cheating is a key concern for many spouses. Although infidelity can ruin marriages, some spouses are brave enough to give each other a second chance. In this situation, spouses might consider a postnuptial agreement. Although postnuptial agreements often deal with the conditions of a future divorce, they might also enforce financial penalties for further unfaithful behavior. But are these agreements even legal? Can a postnuptial agreement lawyer in Atlanta help you make sense of this?

Infidelity Clauses Explained 

An infidelity clause in a postnuptial agreement can penalize spouses for cheating during marriage. The underlying system is relatively straightforward: If a spouse cheats, then they must pay some kind of financial penalty.

These financial penalties can vary depending on the unique aspects of each couple. Some postnups might state that if the spouse cheats again, they will lose their right to receive alimony. The postnuptial agreement might also state that the cheating spouse will lose a portion of marital property. Of course, a divorce must occur to “trigger” these penalties. If the aggrieved spouse chooses to forgive the cheating spouse yet again, these penalties might never actually materialize.

A postnuptial agreement might also outline lump-sum payments for future cheating incidents. For example, a wealthy couple might agree that the penalty for cheating in the future is a $100,000 payment.

Are Infidelity Clauses Legal in Georgia?

In theory, postnuptial infidelity clauses are legal and enforceable in Georgia. That being said, the same basic rules for postnuptial agreements apply. The contract becomes invalid if signed under duress, through coercion, or with misrepresentation. The contract must also be “conscionable” or fair. Some courts may decide that these agreements are valid, and this highlights the need to work with experienced lawyers when approaching postnups.

Some Worry That Wealthy Spouses Don’t Care About Financial Penalties

Some observers have noted that financial penalties are unlikely to dissuade wealthy spouses from cheating behavior. In the eyes of these spouses, cheating might be worth the risk, even with a substantial payout on the line.

Infidelity Clauses May Be Beneficial From a Psychological Perspective

On the other hand, some believe that infidelity clauses help spouses from a more psychological standpoint. In a situation where a spouse is enraged at an adulterous affair but cannot bring themselves to file for divorce, an infidelity clause might give them a much-needed outlet for their frustration.

With the postnuptial agreement in place, the aggrieved spouse might feel as though they have scored a victory. This may help the spouses move on as best they can.

Can a Postnuptial Agreement Lawyer in Atlanta Help Me?

A postnuptial agreement lawyer in Atlanta may be able to help you create a postnuptial agreement that heavily disincentivizes cheating in the future. Financial penalties can dissuade cheating spouses from future affairs, and this may provide spouses with greater peace of mind going forward. However, spouses might also want to divorce in this scenario. To discuss your options, consider contacting Buckhead Family Law today.

Source:

verywellmind.com/does-infidelity-postnuptial-agreement-prevent-cheating-4034424