Can Prenuptial Agreements Include Lifestyle Clauses in Illinois?

 Posted on August 18, 2025 in Prenuptial and Postnuptial Agreements

When preparing for marriage, many couples in Illinois choose to sign a prenuptial agreement to outline how financial matters will be handled if the marriage ends. In recent years, some couples have started including lifestyle clauses in their agreements. Before adding these provisions, you should understand how Illinois law treats them. A Schaumburg, IL prenuptial agreement attorney can help you determine whether a lifestyle clause is appropriate for your situation.

What Is a Lifestyle Clause in an Illinois Prenuptial Agreement?

A lifestyle clause is a section within a prenuptial agreement that sets rules or expectations for conduct during the marriage. Unlike provisions that govern property division or spousal maintenance, these clauses focus on day-to-day living or personal choices. For example, some couples include agreements about spending limits, child-rearing approaches, or restrictions on public sharing of personal details through social media.

Illinois law permits couples to make contracts before marriage under the Illinois Uniform Premarital Agreement Act, 750 ILCS 10. However, the law does not directly address lifestyle clauses, which leaves questions about how enforceable these provisions truly are.

Are Lifestyle Clauses Enforceable in Illinois?

The enforceability of lifestyle clauses is limited. Illinois courts generally focus on financial matters and property rights when reviewing prenuptial agreements. According to 750 ILCS 10/4, provisions regarding property division or spousal maintenance are valid if properly executed. However, clauses attempting to regulate personal behavior often face challenges.

For example, a clause penalizing a spouse for infidelity may not be enforced because Illinois is a no-fault divorce state under 750 ILCS 5/401. Courts do not base divorce decisions on marital misconduct, which means lifestyle provisions tied to fault-based behavior may not hold up legally. Additionally, courts are unlikely to enforce terms that interfere with parental responsibilities, as those issues must be decided based on the child’s best interests under 750 ILCS 5/602.5.

What Should Couples Consider Before Adding Lifestyle Clauses to a Prenup in Illinois?

Couples should carefully weigh the purpose of a lifestyle clause before including it in their agreement. While these provisions may serve as a symbolic commitment or a way to encourage mutual respect, they may not carry legal weight in court. Instead, they often work best as tools for open communication about expectations before marriage.

It is also important to consider how courts may view fairness when evaluating a prenuptial agreement. Under 750 ILCS 10/7, an agreement may be deemed unenforceable if it was not entered into voluntarily or if it was simply too unfair. A lifestyle clause that unfairly restricts one spouse or places an unreasonable burden on the marriage could create challenges later.

Couples should also remember that courts retain the authority to make final decisions on issues involving children. Any clause that attempts to control custody, parenting time, or child support will likely be disregarded because those decisions must always reflect the best interests of the child when a divorce is finalized.

Consult an Experienced Schaumburg, IL Prenuptial Agreement Attorney

If you are considering adding lifestyle clauses to your prenuptial agreement, you must understand both the benefits and the legal limits. A knowledgeable attorney can explain how Illinois statutes may apply and ensure your agreement is fair, enforceable, and tailored to your needs.

The Schaumburg, IL prenuptial agreement lawyers at A. Traub & Associates are ready to help you create a thorough and legally sound agreement. We are proud to have been named Super Lawyers and to hold a perfect 10.0 rating from Avvo, distinctions that reflect the level of quality we bring to every case. Contact our office today at 630-426-0196 to schedule a consultation and learn how we can help.