I want my husband to get 0 in the divorce if he bothers me about my weight

Can I include that my husband will get 0 in the divorce if he bothers me about my weight in the prenup? 

I cannot discuss this question as it applies to all jurisdictions, but I can give you my opinions as to how I believe they apply in the jurisdiction where I practice divorce and family law (Utah). Remember, this is just my opinion, not advice. If you want legal advice as to what to do in a particular situation in a particular jurisdiction, you need to consult with your own attorney.  

First, and with sincere due respect, know that if you are that sensitive about your weight and/your fiancé, a prenuptial agreement isn’t going to solve that/those problems.  

Can you include such a provision in a prenuptial agreement? Yes, nothing can stop you from literally writing up such a provision and including it in a prenuptial agreement that your fiancé signs.  

Will such a provision be legally enforceable? That’s a different question, and the key question. 

And the answer to that question is: maybe. Be aware of this provision of the Utah Code regarding the enforceability of prenuptial agreements: 

Utah Code § 30-8-6. Enforcement. 

(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: 

(a) that party did not execute the agreement voluntarily; or 

(b) the agreement was fraudulent when it was executed and, before execution of the agreement, that party: 

(i) was not provided a reasonable disclosure of the property or financial obligations of the other party insofar as was possible; 

(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and 

(iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. 

(2) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. 

(3) An issue of fraud of a premarital agreement shall be decided by the court as a matter of law. 

So if your prenuptial agreement provides that fiancé/future husband does not get alimony if he makes your weight an issue, and if denial of alimony would cause your husband to be eligible for public assistance, the “make an issue of my weight and you get nothin’” provision may not (likely would not) be enforceable.  

Utah Family Law, LC | | 801-466-9277  

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