When it comes to marriage, some couples choose to protect themselves legally by signing a prenuptial agreement. Prenups outline how assets will be divided in the event of a divorce, and can also address issues like spousal support and debt allocation.

However, what happens when one spouse cheats on the other during the marriage? Can the prenup be invalidated or modified?

The answer is, it depends. In most cases, cheating does not automatically render a prenuptial agreement null and void. The prenup stands unless it can be proven that the infidelity had a direct impact on the agreement.

For example, if one spouse had an affair and used marital assets to support their extramarital relationship, this could be grounds for a court to invalidate certain provisions of the prenup. Additionally, if one spouse can prove that they signed the agreement under duress, coercion, or fraud, it could be invalidated regardless of infidelity.

It`s important to note that each state has its own laws regarding prenuptial agreements and infidelity. Some states, like California, have no-fault divorce laws that prevent infidelity from being used as a factor in the division of assets. Other states may consider infidelity when determining spousal support or alimony.

Regardless of the state laws, it`s always a good idea to consult with a family law attorney if infidelity is a factor in your marriage and you have a prenup. Your attorney can help you understand your rights and options, and may recommend pursuing mediation or renegotiating the agreement rather than going to court.

In conclusion, prenuptial agreements are valid legal documents that can provide protection and peace of mind for couples entering into marriage. However, infidelity can complicate matters and may require legal intervention. If you find yourself in this situation, it`s best to seek the advice of a qualified attorney.