AI infidelity poses new test for couples

Cheating on your spouse may not require another person, according to some definitions of infidelity that are beginning to appear in prenuptial agreements. Julia Rodgers, founder and CEO of Hello Prenups, told Business Insider some clients are requesting prenups that expand affairs to include encounters with AI.

Lawyers who work on prenups are beginning to field questions about how AI relationships could be addressed in those agreements. Most had not personally drafted an AI-infidelity provision, though several said the issue was a natural extension of a broader trend of couples redefining cheating beyond sex with another person.

With the loneliness epidemic and the explosive growth of AI companion apps like Replika and EVA AI, people are increasingly turning to chatbots for their emotional, romantic, and sexual needs — including some who are already in intimate relationships with other humans. A study conducted by Indiana University’s Kinsey Institute last year found 61% of single adults surveyed said sexting or falling in love with an AI chatbot counted as cheating.

According to the report, HelloPrenup handles tens of thousands of prenups a year, a third of which include infidelity clauses. Rodgers said that while AI infidelity is already being included in prenups, how they will be enforced in court remains to be seen.

Physical infidelity is comparatively easy to define. Emotional virtual infidelity with a chatbot is not, Rodgers said. Including AI infidelity in a prenup would require very careful wording, lawyers said. A workable provision would need three components: a definition of the prohibited behavior, a method for determining whether a breach occurred, and a stated financial consequence.

A possible definition could include spending more than a set dollar amount on an AI companion or exceeding a specified number of hours talking with a chatbot. The agreement would also need to say how a violation would be proven and what financial consequences would follow.

Couples are increasingly using prenups to set out their expectations for the marriage, according to Aaron Thomas, attorney and founder of Prenups.com. Infidelity clauses can be challenging to enforce even without the added question of a non-human lover, but some lawyers said they’re seeing increased interest in them, with couples also expanding the definition of what might count as cheating.

As artificial intelligence becomes more prevalent, it’s likely that AI-infidelity clauses will start appearing more in postnup agreements first, which commonly address issues that have already threatened the marriage.

Spending might be easiest to measure, but it may not capture the full harm of an AI affair. If somebody can find a chatbot that’s super cheap, but they’re spending 20 hours a week going down the rabbit hole with this AI companion, that’s still going to be hugely problematic for the couple or for the spouse that wants to stop that behavior, Thomas said.

Most prenups are never litigated, the lawyers said, noting that one of the points of the document is to avoid lengthy legal proceedings. Instead, the couple agrees to the terms in the prenup, and their lawyers use it to settle the terms of their divorce without a judge having to weigh in.

Julia Rodgers notes that couples are using prenups to discuss and agree on the terms of their marriage, including what constitutes infidelity. They are having open and honest discussions about their expectations and boundaries.

Aaron Thomas believes that AI-infidelity clauses will become more common in prenups as AI’s effect on relationships becomes more understood. He thinks that couples will want to address the potential risks and consequences of AI infidelity in their prenups.