One of the most common questions people ask about prenups is whether they can include “lifestyle clauses.” Things like:
- How often should spouses have sex
- Weight requirements
- Diet or fitness expectations
- Household responsibilities
- Personal routines or habits
The short answer? In California, you can include those clauses in a prenup, but they will simply not be enforced. Let’s dive in.
BEFORE getting married, what conversations about MONEY should you have with your partner?
Use this guide to discuss budgets, assets, debts, goals, joints bank accounts and more.
Get the guideWhat California Law Says About Prenup Lifestyle Clauses
Under California law, prenuptial agreements are primarily designed to address financial rights and obligations and not to police the personal dynamics of a marriage.
Courts are reluctant to monitor personal behavior between spouses, and as a result, most lifestyle clauses are unenforceable.
Why? Because these kinds of provisions are inherently subjective and impractical to supervise. A court is not going to oversee whether someone maintained a certain weight, followed a diet plan, adhered to a personal routine, or met some agreed-upon expectation regarding intimacy.
That would require ongoing judicial involvement in the marriage itself, which courts simply do not do.
California Is a No-Fault Divorce State
California is also a no-fault divorce state. That means the reasons a marriage breaks down are legally irrelevant in most cases.
Whether the issue is infidelity, lifestyle disagreements, weight gain, or failure to meet personal expectations, the law generally does not punish one spouse financially because of those circumstances.
So even if a prenup says a spouse owes money for violating one of these lifestyle terms, there’s a very strong chance a court would refuse to enforce it.
Conversations on These Topics Still Matter
Even though lifestyle clauses are enforceable, these conversations are important to have.
In fact, sometimes the real value of discussing lifestyle clauses has nothing to do with enforceability at all. The process of talking through expectations around health, privacy, intimacy, social media, family roles, or personal values will prove to be one of the most productive parts of the prenup process.
A well-drafted prenup forces couples to have conversations that many people avoid until problems arise later in the marriage. And often, those discussions create clarity, alignment, and understanding long before conflict ever develops.
In that sense, the conversation itself can be more valuable than the clause.
Are Any Lifestyle-Related Prenup Clauses Enforceable?
No, not in California. There are, however, some related provisions that can be enforceable because they touch on legitimate legal or financial interests rather than personal conduct alone.
For example, confidentiality and social media clauses may be enforceable in certain situations. If one spouse is a public figure, influencer, business owner, or someone with significant reputational concerns, parties sometimes include provisions restricting public disclosures about the relationship or divorce. Those clauses are generally analyzed more like confidentiality agreements than lifestyle provisions.
Similarly, pet clauses are often included in prenups and are usually enforceable because, legally speaking, pets are treated as property. Couples can agree in advance who will retain ownership of an animal in the event of divorce, just as they would divide other assets.
But clauses attempting to regulate day-to-day marital behavior? Those are usually not something California courts are willing to enforce.
Final Thoughts on Lifestyle Clauses
For the reasons stated in this article, I never include sex clauses, weight clauses, or other lifestyle restrictions in the prenups I draft for clients.
Not because couples shouldn’t discuss those issues, but because a prenup should ultimately focus on the areas the law is actually designed to protect and enforce. If you need support in crafting a prenup that aligns with your long-term marital goals, contact me, and we’ll get you going on the right path.