Does Your Prenup Have A Social Media Clause?

It may come as a surprise, but the idea of executing a prenuptial agreement prior to walking down the aisle is no longer considered taboo by many couples. That’s because they see the inherent value in establishing a legally binding document setting forth in very clear and precise terms what to expect in the event of a divorce.

In other words, they understand that establishing expectations concerning such issues as property division and child custody can grant much-needed peace of mind going forward and help avoid prolonged legal battles in the future.

Interestingly, recent reports indicate that a growing number of couples are now expanding the scope of the traditional prenup by executing so-called “social media prenuptial agreements” or adding a similar element to their prenuptial agreements.

In general, these digital prenups set forth expectations/limitations concerning the use of social media outlets such as Facebook, Twitter, Instagram, Snapchat, etc. For example, it might prohibit each spouse from posting photos or other potentially embarrassing information without first securing the consent of the other.

“The real damage today is that the content remains out there forever,” said one attorney. “You can’t get rid of it, so the consequences are tremendous for harm to the other party.”

While attorneys have reported seeing some cases where spouses are required to pay a large sum for violating the social media clause post-divorce, they indicate that the idea behind the clauses is more about setting boundaries, and respecting a spouse’s privacy and reputation.

It is worth noting that relationship experts indicate that those spouses who perhaps don’t feel the need of incorporating a social media clause into their prenup should nevertheless consider having a conversation with their significant other about their expectations concerning social media, which is inarguably now a part of our daily lives.

What are your thoughts on social media prenups?

If you would like to learn more about prenuptial agreements or about the divorce process in general, consider speaking with an experienced legal professional who can answer your questions and explain your options.

Source: The New York Daily News, “Legally binding social media ‘prenups’ aim to quash embarrassing Facebook posts,” Jenna O’Donnell, June 5, 2014

Date Published: March 1, 2017


Written by: Cooper Levenson, P.A.

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