I have a client (soon to be wife) who very much wants an adultery clause in their prenup and the husband is in agreement. We are trying to figure out how to create penalties for adultery without accidentally creating an unenforceable liquidated damages clause. So if SHE commits adultery it is pretty easy, she forfeits maintenance. But if he does....? I thought about increasing the amount of maintenance he has to pay but again I worry that is just a disguised liquidated damages clause. There is essentially no case law in New York about these clauses. Does anyone have a suggestion?

Thanks!