Fidelity clauses

In a discussion about unconventional prenuptial agreements on the Lex Fridman Podcast, James Sexton, a high-conflict divorce lawyer, mentioned "fidelity clauses" as one of the types of provisions that people sometimes include in their prenups. Fidelity clauses are used to set financial penalties if one party cheats during the marriage. For example, if one spouse cheats, they might have to pay a certain amount of money to the other. Sexton advises against including such clauses because they often lead to complex legal disputes rather than preventing infidelity. The intention behind these clauses is to deter cheating, but they tend to end up creating more legal challenges when trying to prove whether cheating occurred 1.