TLDR: Prenup Sobriety Clauses
Nicole Kidman’s divorce from Keith Urban has renewed interest in their prenuptial agreement and its rumored “sobriety clause,” which allegedly ties Urban’s financial settlement to his sobriety from cocaine, alcohol and other drugs. Would such a clause stand in New Jersey? Likely not. New Jersey courts generally reject prenup terms that regulate personal behavior, morality, or custody, viewing them as unenforceable. To remain valid and enforceable under New Jersey law, a prenup should focus on financial issues only, including assets, debts, and alimony.
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Nicole Kidman filed for divorce from Keith Urban after nearly two decades of marriage, and now attention is once again turning to a “sobriety clause” in their long-rumored prenuptial agreement.
According to multiple reports, the couple’s prenup includes a clause that ties Keith Urban’s post-divorce financial support to his sobriety. Specifically, in the divorce settlement, Urban allegedly receives around $600,000 for each year of marriage in which he remained sober from cocaine and alcohol.
While neither Kidman nor Urban has ever confirmed the existence of these terms, their prenup still raises an intriguing legal question: if their divorce were happening in New Jersey, would a “sobriety clause” in a couple’s prenup still hold up in court?
Let’s take a look.
Prenups and Personal Conduct: Where Courts Draw the Line
While celebrity prenups often make for dramatic headlines, courts take a much more cautious approach. In New Jersey, prenuptial agreements are meant to address financial matters — including property division, alimony, and debt — and not personal behavior or moral conduct.
Some couples attempt to include lifestyle clauses that dictate personal behaviors during the marriage, setting up rewards or punishments around these issues. It’s not just about drug use. Other lifestyle clauses include forfeiting alimony due to cheating, losing out on settlement money if one spouse (usually the female spouse) gains too much weight, dictating household chores, or punishment for negative social media posts. While some may view these provisions as setting marital expectations, they are often unenforceable as part of a prenuptial agreement.
Penalties and rewards for lifestyle choices generally aren’t enforceable because the courts typically view these as private, emotional issues, not legal or economic ones. In other words, if a couple were to divorce in New Jersey and one spouse tried to enforce a clause like the Kidman-Urban rumored “cocaine clause,” a judge would almost certainly strike it down as against public policy.
In some cases, lifestyle clauses can even weaken the overall validity of the agreement. And that’s why it’s always best to keep the prenup centered on financial matters to ensure legal strength and enforceability. [Learn about separate agreements to govern social media interactions.]
What About Custody Clauses?
Under New Jersey law, child custody decisions are always based on the best interests of the child, not on what parents may have agreed to years earlier in a prenup.
Even if a prenuptial agreement states that one parent automatically gets custody under certain conditions, that clause would have no legal effect. In making custody decisions, the court would instead review the current circumstances, such as each parent’s fitness, stability, and relationship with the children. In other words, no matter how famous the parents are, custody cannot be “pre-decided” by contract.
What If the Kidman–Urban Divorce Happened in New Jersey?
New Jersey generally honors prenuptial agreements made in other states, as long as they meet New Jersey’s legal standards for fairness and legality. That includes:
- Both parties entered into the agreement voluntarily, without coercion.
- There was full financial disclosure from both sides.
- Each had the opportunity to consult independent legal counsel.
- The terms aren’t unconscionable (grossly unfair) at the time of enforcement.
Most prenups also include a “choice of law” clause, stating which state’s laws govern the agreement. New Jersey courts usually respect that choice, unless enforcing it would violate New Jersey public policy.
So, if the Urban–Kidman prenup were drafted in California but they later divorced in New Jersey, the court would likely uphold the financial terms that meet those fairness requirements.
However, about that “cocaine clause”? It would almost certainly be set aside and left unenforced. As a general rule, New Jersey courts reject terms from out-of-state prenups that:
- Involve illegal activity,
- Try to regulate personal behavior,
- Predetermine child custody, or
- Conflict with public policy.
The Bottom Line
Prenups can be powerful tools for financial protection, but they have limits. Clauses tied to morality, behavior, or child custody won’t hold up in the New Jersey courts, no matter how carefully written.
For New Jersey couples considering a prenup (or already bound by one created in another state), it’s essential to have an attorney review it through the lens of New Jersey family law to ensure it’s fair, enforceable, and free of problematic terms.
Thinking about a prenup? Or heading toward divorce and need guidance on how to enforce the terms of your agreement? Our experienced family law attorneys can help. Understand your rights and options under New Jersey law. Call us today at 888-888-0919 to schedule a confidential consultation.
Prenup Sobriety & Social Clauses FAQs
Are lifestyle or “behavior-based” clauses enforceable in a New Jersey prenuptial agreement?
Generally, no. Clauses that attempt to regulate personal conduct—such as sobriety, infidelity, or weight gain—are usually deemed unenforceable because courts view them as moral or emotional issues, not legal or financial ones.
What types of clauses are enforceable in a New Jersey prenup?
Prenups in New Jersey are designed to address financial matters like property division, alimony, and debt. Clauses focused on these topics are valid and enforceable when fairly negotiated and properly executed.
Could a “sobriety clause” like the one rumored in celebrity prenups hold up in New Jersey?
New Jersey courts would likely set aside a sobriety clause as against public policy because it ties financial outcomes to personal behavior rather than economic fairness.
Can couples include infidelity or “cheating” clauses in their prenups?
They can include them, but such provisions are almost never enforced in New Jersey. Courts avoid punishing or rewarding spouses for moral or personal choices during marriage.
What happens if a prenup contains an unenforceable clause?
If a court finds part of a prenup unenforceable, it may strike only that portion or, in some cases, question the fairness and validity of the entire agreement, especially if the clause was a key term.
Are custody or parenting terms in a prenup legally binding?
No. Custody decisions are always based on the best interests of the child at the time of divorce, not on any prior agreement between parents.
Does New Jersey honor prenups created in other states?
Yes, as long as the agreement meets New Jersey’s standards for fairness, legality, and voluntariness, and doesn’t violate public policy.
What makes a prenuptial agreement valid in New Jersey?
A valid prenup in New Jersey must meet several key requirements:
- Voluntary agreement: Both parties must enter into the prenup freely, without coercion or pressure.
- Full financial disclosure: Each party must provide an honest and complete accounting of their assets, debts, and income.
- Independent legal counsel: Each party must have their own attorney to ensure their rights and interests are protected.
- Court approval before marriage: The prenup must be executed and approved by the court before the marriage takes place.
What is a “choice of law” clause in a prenup?
It’s a provision stating which state’s laws will govern the agreement. New Jersey courts generally respect this clause — unless applying it would conflict with New Jersey public policy.
How can couples ensure their prenup is enforceable in New Jersey?
Work with experienced family law attorneys to draft or review the agreement. Keep it focused on financial protection and ensure it meets all of New Jersey’s legal requirements for fairness and transparency.