US Couples Add AI Infidelity Clauses to Prenups

The rise of generative AI companions is forcing US couples to reconsider what counts as infidelity before they marry. Some partners view romantic or sexual exchanges with chatbots and virtual companions as a breach of trust even when no other person is involved. Because prenuptial agreements are governed largely by state law and reviewed by state courts, couples are increasingly seeking contractual definitions of prohibited AI interactions and their financial consequences.

A growing number of US couples are now asking lawyers to include “AI infidelity clauses” in prenuptial agreements, according to the latest report on the practice. No nationwide enforcement standard, benchmark penalty or definitive court precedent was identified. Legal experts say such provisions must specify the covered conduct, acceptable evidence and remedies for a breach; vague language could make an alleged violation difficult to prove and leave enforcement uncertain.