A New York divorce lawyer specializing in high-profile cases recently shared a shocking prenuptial agreement that has ignited outrage and disbelief online. James Sexton, who represents high-net-worth clients such as celebrities and billionaires, revealed the “disturbing” details on the Diary of a CEO Podcast, hosted by Steven Bartlett.
Sexton explained that the “worst prenup” he’s ever dealt with included a clause that stated for every 10 pounds the wife gained during the marriage, she would lose $10,000 in alimony. Sexton described the husband’s motivation: “He was very concerned that she was going to become less attractive and he was going to become more wealthy. So his solution to this was in the prenuptial agreement.”
What is a weight gain clause?
What is a weight gain clause? Well, it’s a clause in a prenuptial or postnuptial agreement in which the couple contracts around the terms of someone’s weight–usually to make sure one or both parties remain thin. This isn’t the first time the world has seen a disturbing weight gain clause in a prenup. If you recall, Tony Romo and Jessica Simpson allegedly had a prenup drafted which stated that for every pound over 135 that Simpson gained, she would pay Romo $500,000. However, the relationship didn’t last, and they never made it down the aisle (shocker!).
Are weight gain clauses enforceable?
This is a tricky area of law because (1) every state has its own rules around whether or not lifestyle clauses such as weight gain clauses are enforceable, and (2) very few states have ever addressed this issue on a high level. Infidelity clauses are the most common “cousin” of the weight gain clause, and there are a few cases that address this. They are similar in that they are contract clauses that are conditioned on personal behavior, such as gaining weight or cheating.
As Sexton reported, “This [weight gain clause] was enforceable, meaning they tried to challenge and set aside that provision, and the court said ‘this is a disgusting provision, I don’t know why you married this person, but it’s enforceable. It’s a contract, the two of you signed it,” he explained.
Let’s take a look at the case law. There is a recent case stemming from Maryland in 2023 in which the Supreme Court of Maryland upheld an infidelity clause in a postnuptial agreement, awarding one party more money if the other cheated. However, the court expressly declared that they were only addressing the matter as it relates to postnups and not necessarily prenups.
On the other hand, there are other cases in other states where courts have expressly declined to enforce lifestyle clauses such as infidelity clauses (if you cheat, you pay). For example, in California, in Diosdado, the court declined to enforce a clause that imposed a $50,000 penalty for adultery because the clause was against public policy. (Diosdado v. Diosdado, 97 Cal.App.4th 470 (Cal. Ct. App. 2002)).
The bottom line? Some courts have upheld lifestyle clauses in marital agreements, while others have invalidated them based on public policy considerations. The enforceability of such clauses often depends on the specific jurisdiction and the particular facts of the case.
Legal implications of adding weight gain clauses
Let’s imagine the implications of enforcing such a clause. Courts would be forced to delve into deeply personal territory, potentially requiring individuals to be weighed and their bodies evaluated. This level of intrusion into private lives is something most courts strive to avoid. Similarly, infidelity clauses would necessitate investigations into intimate relationships, demanding time and resources that could be better allocated elsewhere within an already overburdened legal system.
The personal and relationship implications of adding weight gain clauses
Adding such clauses into a prenuptial agreement raises questions about the dynamics within a relationship. A weight gain provision implies that one partner’s worth is linked to their body, potentially creating an unhealthy power imbalance. While transparency is important, true partnerships should prioritize mutual support and unconditional love, not stipulations about physical appearance. If a couple feels comfortable with such clauses, that is their prerogative. However, we believe healthy relationships are founded on different values, such as trust, respect, and healthy boundaries, not ones based on physical appearance.
The bottom line on the “worst prenup” in the world
While you may live in a state that upholds weight gain clauses, you won’t find any of those clauses available at HelloPrenup. These are demoralizing and unhealthy. Not to mention, it is likely legally unenforceable, depending on what state you are in. However, if this is your preference, and you want to enter into such an agreement, it is your decision, just make sure you enter it with full knowledge of the repercussions both mentally, legally, and for your relationship. You’ll also need to reach out to a lawyer willing to add one in, which will be hard to find.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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