[WSBAPT] Prenuptial agreement "lifestyle" clause language

[Boaz Weintraub]

There's no Wa. case law on point, but it's questionable whether lifestyle
clauses would be deemed enforceable.  Regarding an infidelity clause, a Ca.
case held infidelity clauses that provide for payment of damages
unenforceable and in violation of public policy underlying their no-fault
divorce laws. Diosdada v. Diosdada (2002)
<https://law.justia.com/cases/california/court-of-appeal/4th/97/470.html>.
I think a Wa. court would hold the same under RCW 26.09.080.

*Boaz "Bo" Weintraub*  | JD, LL.M.

Weintraub Law Office, PLLC

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On Wed, Apr 27, 2022 at 2:21 PM <susan at pepetersonlaw.com> wrote:

> Hello listmates, I have been asked for the first time to include some
> “lifestyle” clauses in a prenuptial agreement.  Does anyone have any
> language they would be willing to share regarding travel, infidelity,
> and/or obligations to perform household duties and cooking, etc.?  Also,
> does anyone have any experience with enforcing these clauses in
> Washington?  I don’t practice family law and don’t anticipate being the
> lucky lawyer who gets to try, but I’d like to know what to advise my client
> about the chances they will be enforced.  Thanks for any thoughts.
>
>
>
> Susan E. Spuller
>
> Attorney at Law
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