The Law Offices of James A. Cuddy, LLC

How prenuptial agreements are governing social media use

A great deal of marriages today are governed by a prenuptial agreement. A contract that two parties contemplating marriage  enter into that essentially details rules for dissolving the marriage in the event it goes south. Because of our relative obsession with pop culture, some prenups have “unusual” provisions, such as a particular weight a spouse must maintain, or how often and how long in-laws may stay and visit. But what many people are including in prenups now is just as unusual, but it fits the ever growing obsession with social media.

That’s right…social media clauses are making their way into prenuptial agreements. These provisions are meant to protect couples from the harshness that social media rants and posts can create after a relationship dissolves. Through them, couples pledge not to post pictures of ex-spouses on social media that would embarrass them (e.g. revenge porn),  intimidate them (stalking photos)  or cause them emotional pain. Social media clauses can also create agreements that couples will not argue about sensitive issues online or make Twitter or Facebook posts disparaging one another or their relatives.

These clauses may be particularly important if couples have children. There is likely nothing more embarrassing to a child than to find malicious posts about a parent; especially if it comes from the other parent.

Although they may seem like a novelty, social media clauses may help divorcing parties because it may prevent them from sending messages that they may later regret, and that could be become part the permanent record in a family law proceeding an even used by a judge to make a decision. 

Source: Time.com “People are getting social media prenups,” Charlotte Atler, June 5, 2014

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