A clause that conditions a devise on the termination of a marriage is void as contrary to public policy because it tends to encourage divorce. Which statement is most accurate?

• A. It is enforceable in some jurisdictions
• B. It is void because it discriminates based on religion
• C. It is enforceable if the spouse signs a waiver
• D. It is void as contrary to public policy

Answer: (D)

A clause that ties a bequest to the termination of a marriage runs afoul of public policy because it uses inheritance to influence a personal relationship. Courts avoid enforcing provisions that encourage divorce for financial gain, preserving the integrity of marriage and preventing manipulation of a spouse for monetary benefit. This isn’t primarily about discrimination or needing a waiver; even if the spouse signs a waiver, the public‑policy concern remains, so such a clause would still be void. Therefore, the statement that it is void as contrary to public policy is the most accurate.