Legal Question in Family Law in California

My wife recently cheated on me with another man and got pregnant. We were trying to conceive the same week that she cheated. She miscarried before we were able to find out the paternity of the child.

I have decided to stay in the marriage but am interested in having her sign a post nuptial agreement waiving any and all rights to spousal support in the event that she does this again. We live in the state of CA.

Is this legal and is it something that I should do?


Asked on 9/11/10, 10:51 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Prenuptial and postnuptial agreements that punish one spouse for engaging in extra-marital affairs are void for public policy reasons in California.

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Answered on 9/17/10, 3:45 pm


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