Prenups with Cheating Clauses

Carmelo Anthony is a professional basketball player with the New York Knicks. In 2007, he married television personality and author Alani “La La” Vazquez Anthony. They have one child, a son age 10.

According to internet web site TMZ, Carmelo has been cheating on La La. They will soon divorce, and have to divide up their marital fortune of over $200 million.

According to TMZ, “…Sources connected to the couple tell us they signed a prenup before getting hitched in 2010. We're told the prenup benefits Carmelo way more than La La, and for obvious reasons. He's in the middle of a $124 million contract with the Knicks and has earned north of $200 million in his career…”

Also according to TMZ, “... Some prenups actually include ‘cheating clauses,’ which entitle the non-cheating party to more money if the spouse strayed. As we reported, a woman claims she is pregnant with Carmelo’s kid. We don’t know if the clause is included in their prenup. ..”

If Carmelo and La La were residents of California, TMZ’s information regarding “cheating clauses” in pre-nuptial agreements would be in error.

According to Family Code Section 2335, "evidence of specific acts of misconduct is improper and inadmissible" in a pleading or proceeding for dissolution of marriage. Fault is not a relevant consideration in the legal process by which a marriage is dissolved.

Recovery in no-fault dissolution proceedings is limited to half the community property and appropriate support and attorney fee orders.

Apparently, however, Carmelo and La La are not residents of California, so the “cheating clause” of their prenup may be valid in the state where they live.

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