Do prenuptial agreements become invalid if a spouse is caught cheating?

When it comes to prenuptial agreements, prospective spouses can negotiate almost any issue, including their personal obligations as long as they do not contravene public policy, are consistent with state law, and do not address child custody or child support.  An "infidelity clause" may be inserted into a premarital agreement and act to significantly restrict the property, income or assets that a cheating spouse can acquire from the other spouse in the event of adultery.  The vast majority of courts will enforce cheating clauses such as if one spouse engages in an extra-marital affair, they will surrender an interest in the marital home, for instance.  Courts will enforce premarital contracts if the parties entered into them knowingly and voluntarily.  Unless proved otherwise, a premarital agreement with an infidelity clause is presumed to be valid and legally-executed.

Talk to a Family Lawyer about the legal options in this particular situation. Legal advice is best handled by a consultation with an attorney.