Cheater Insurance: One Option if Your Spouse has an Affair

Infidelity is not a product of the twenty-first century. It’s been around forever. But what is relatively new are legal options for betrayed spouses. While Illinois has rejected considerations of fault in divorce, through some advance planning, a wayward spouse can potentially be held accountable for his or her extracurricular activities.

Many affairs are circumstantial and one time events. Other folks just have a problem keeping their pants on. Many victims of straying spouses are uncertain about their spouse’s inclinations. Do I forgive a one time indiscretion? Or will it happen again?

What makes matters more confusing are the guilty party’s promises, “it didn’t mean anything” and “it’ll never happen again.” To risk your marriage over a trifle is telling, but beyond that, it’s not about classifying what happened; rather, it’s what to do about it.

One option, of course, is to call a DuPage County Divorce Lawyer and end your marriage. But many can’t take that plunge. The promise of no repeats is seductive, particularly if the violated spouse is trusting, insecure, or afraid to disrupt the family. Many try to heal the family through marital counseling. Others, however, rely on a hybrid approach: give his or her spouse the benefit of the doubt, but plan ahead in the event that trust is misplaced.

So consider this. Under Illinois law, a couple can enter into a contract known as a postnuptial agreement. Like a prenup, it allows a couple to decide issues of property and maintenance in the event of a later divorce (or death, for that matter). But in the agreement, you can also anticipate a moral lapse.

For example, we represented a person in a divorce who had a spouse who was a serial philanderer. Begging her forgiveness, he agreed to a postnuptial agreement that provided, “Mrs. X will refrain from filing a divorce for at least five years. If Mr. X plays around again, she can proceed with the divorce immediately, and she gets 100% of a particular asset they owned.” That asset was worth approximately $1 million dollars, so he forfeited $500,000, or half, if he strayed.

Well he did. And she walked away with the money.

Now, this remedy isn’t absolute. Courts have the power to reject such an agreement if it’s considered unconscionable (shocking to the conscience). But for those looking for some security in the event of adulterous conduct by their spouse, consider this as an option.

If you’d like more information, call Peskind Law Firm at 630-444-0701. Our firm has extensive experience drafting and litigating premarital and postmarital agreements.