Infidelity and Postnuptial Agreements

Infidelity is one of the most difficult challenges to overcome for married couples in Michigan and around the country. However, there are many examples of couples that have been able to rebuild trust and strengthen their marriage after one spouse cheated. One strategy that some couples use is to create a postnuptial agreement that specifically mentions infidelity.

Why make a postnuptial agreement?

postnuptial agreement is basically the same thing as a prenuptial agreement. It’s a legal document in which both spouses agree on what should happen with their finances in the event of divorce. A postnuptial agreement could include property division agreements as well as agreements for post-divorce alimony payments.

A couple may consider writing a postnuptial agreement after infidelity has occurred as a way to build back trust. The spouse who didn’t cheat may feel better knowing that they will be taken care of financially if their spouse cheats again and they decide to file for divorce. There could be a clause in the agreement that specifically mentions infidelity and some type of financial repercussion for cheating.

Benefits and drawbacks of a postnuptial agreement

Sometimes, knowing that a cheating spouse is willing to commit to “paying” for infidelity can make the other spouse feel more secure. However, when these documents are used as a way to get a second chance, they are often rushed into. It’s important for both spouses to understand what they are agreeing to in the postnuptial document, including the spouse who was unfaithful.

A postnuptial agreement is a legal document that may complement, but could never replace, couples therapy. A couple that has infidelity issues may want to consider working through some of their trust issues in therapy before creating a legal contract with each other.

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