Are Infidelity or Lifestyle Clauses Enforceable in an Illinois Prenup? - Caesar & Bender, LLP

BSPE Legal Marketing Podcast · Sep 30, 2026 · 3m · transcript

From Caesar & Bender, LLP - Are Infidelity or Lifestyle Clauses Enforceable in an Illinois Prenup? looks at whether couples can build infidelity penalties and other behavior-based terms into a premarital agreement under Illinois law. Illinois allows premarital agreements to address property rights, financial arrangements, and certain personal rights and obligations, but Illinois appellate courts have not clearly established that a financial penalty tied to infidelity will be enforced. Because Illinois is a no-fault divorce state, courts divide marital property and determine maintenance…