Hi everyone I had many requests to share responses to my inquiry about an adultery clause. Unfortunately, the most common response was, share responses! Second most common was just don't do the clauses. One suggestion was to look at some Texas prenups, as these are explicitly allowed under Texas law. Another was to void the entire prenup if the husband cheats - would be great for my client but he would never agree to that. I have not found any published decisions addressing these clauses in New York. I was surprised by that because I have heard from several attorneys that at one point or another they have drafted them. But I suppose one has just not reached the court system yet. The long and the short of it is that I will try to draft a clause that envisions the premature end of the marriage caused by cheating as the "harm" and thus maintenance being somehow tied to that harm, with the hope that this makes it less of a "penalty" disallowed by New York law. At the end of the day, 1) we have a severability clause and 2) I don't really care if the whole prenup gets struck down anyway because it benefits my client. But this remains a gray area in New York law! <http://johnteufelesq.com> [image: Ones To Watch - Lawyer Logo]