Social Media in Prenuptial Agreements

Let’s face it – our world is ever-changing.  Arguably, no change has had more impact on our world than the internet, and now that has morphed into a brand new way of communicating with each other – social media.  Where we used to meet for coffee, we now facebook message each other.  Phone calls are being replaced by texts, and the every day life happenings are no longer shared with your neighbor in the morning, but rather via Twitter.  With this shift in social norms, an online presence and reputation is very important and something we all need to consider…but now it’s being considered in an entirely different way.

Fox News recently aired a special on the new trend of including a social media clause in prenuptial agreements.  The purpose of this clause is to protect both parties from digital destruction should the marriage turn sour…something our parents never had to even consider.

“When they have this social media clause, each party will agree not to post, tweet, or otherwise share via social media, positive, negative, insulting, embarrassing, or flattering images or content of the other,” said New York-based attorney Ann-Margaret Carrozza.

Notice that this includes posting something positive about the other person.  What one person views as positive, another could see as negative.  For example – a picture.  One person may see it as a good picture, whereas the other may find it unflattering and wish it weren’t on the internet.

The clause typically would take effect should the couple separate and the agreements put into place from that time forward.  Should either party break the contract after the breakup date, the offended party may be monetarily rewarded.

No matter what, prenuptial agreements tend to bring heated debate even without this new consideration.  The arguments on both sides are incredibly valid and everyone is entitled to their decision on whether or not they choose to have a prenuptial agreement.  For those who do choose to have one, this new social media clause is another consideration to bring to the table as we adapt to a new way of communicating with one another.

Last updated by at .

Leave a Reply