Is There a Trump-nup Prenup?

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Agreements on Monday, July 4, 2016.

As a certain presidential candidate might say, “prenuptial agreements are yuuuuuuuuge”. If you’re marrying this summer, you should build a fantastic wall around your assets.

Many people don’t realize that prenuptial agreements serve many purposes; some of them are surprising. The New York Magazine reports on “lifestyle” clauses in prenups. Lifestyle provisions are clauses which can include things like:

– a “no-diaper” rule,

– a clause that specifies no children, or

– “fling fees” for infidelity.

But clauses can also get excruciatingly specific: whether the children will be raised vegetarian; how often a couple should have sex; how much time a couple will spend at their in-laws’ house; which nights a husband can watch football with his friends; how many hours a spouse will work during the week; how long a husband is expected to work before he retires; and, of course, how much weight a wife can gain.

You should know that these kinds of clauses are nearly impossible to enforce in court. They are added to prenuptial agreements to add an aspirational sense to the agreement; a sort of a declaration of what you expect in the marriage.

I’ve written about the need for prenups before. There are many other kinds of clauses in prenups that can be enforced. Prenuptial agreements are often used to limit or eliminate alimony and spousal maintenance awards, to protect assets that are titled in one spouse’s name, or protect you before premarital money becomes mixed.

Donald Trump, reportedly says that his prenuptial agreement with Melania Knauss has made his marriage stronger.

“It’s a hard, painful, ugly tool. Believe me, there’s nothing fun about it. But there comes a time when you have to say, Darling, I think you’re magnificent, and I care for you deeply, but if things don’t work out, this is what you’re going to get.”

The New York magazine article is here.