AI infidelity clauses emerge in prenuptial agreements

Key facts

• Some prenuptial agreements are now including clauses that define infidelity to encompass romantic or sexual relationships with AI chatbots.
• Clients are requesting provisions that cover exchanges of explicit messages, sexual roleplay, or expressions of romantic love with AI.
• A study indicated that a majority of single adults surveyed view sexting or falling in love with an AI chatbot as cheating.
• Enforcing AI infidelity clauses in prenups presents challenges regarding definition and proof of breach.
• Potential consequences for AI infidelity in prenups could include reduced alimony or a smaller share of assets.
• Spending on AI companions may be addressed under wasteful-dissipation provisions in divorce agreements.

Prenuptial agreements are evolving to address new forms of infidelity, with some clients now requesting clauses that define romantic or sexual relationships with artificial intelligence chatbots as cheating. Julia Rodgers, founder and CEO of Hello Prenups, stated that clients are seeking to include provisions covering interactions like exchanging explicit messages, engaging in sexual roleplay, or expressing romantic love with AI.

A study by Indiana University's Kinsey Institute found that 61% of single adults surveyed considered sexting or falling in love with an AI chatbot to be a form of cheating. This trend reflects a broader societal shift in defining infidelity beyond physical contact with another person.

Family attorney Lisa Zeiderman noted that AI cheating is surfacing in divorce cases, with spouses complaining about the time their partners dedicate to AI companions. Aaron Thomas, attorney and founder of Prenups.com, views prenups as partnership agreements where couples define expectations, and AI infidelity clauses are a logical extension of defining emotional affairs.

However, enforcing such clauses presents significant challenges. Lawyers like Elizabeth Yang have expressed concerns about enforceability and potential future litigation, advising caution. Thomas suggested that a workable provision would require a clear definition of the prohibited behavior, a method for proving a breach, and a specified financial consequence, such as reduced alimony or a smaller asset share.

Zeiderman proposed that AI cheating could be addressed through wasteful-dissipation provisions, which cover marital assets spent outside the marriage. This framework could theoretically apply to spending on AI romantic companions, similar to how past 'mystery line items' on credit cards have been handled, according to Libby Leffler, founder and CEO of First.