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Social media provisions in prenuptial agreements

On Behalf of | Jun 18, 2014 | Prenuptial Agreements

Florida residents may be interested in an article discussing one of the more recent additions to prenuptial legal protection. Social media provisions in prenuptial agreements may help couples better understand each others’ expectations with regard to sharing photos and private moments with the world.

A prenuptial agreement can cover many aspects of a marriage and possible divorce, including future property division and spousal support. However, with the increasing popularity of sharing personal details on social networks, prenuptial agreements are beginning to address social media usage. One New York attorney says that she is seeing around one-third of her clients requesting the negotiation and drafting of these clauses, around five every week.

Typically, the provision will prohibit posting nude photos, or any pictures of their spouse that could be embarrassing, on any social media sites. Additionally, any photo or text that could harm a spouse’s reputation or professional life would not be allowed. The clause generally outlines what damages the spouse could recover in the event it is breached. The maximum penalty amount usually depends on how wealthy the couple is. Social media usage has become a big part of divorce proceedings, with spouses posting angry comments about their exes on Facebook and other sites. These could be actionable under these prenuptial social media clauses.

Experts say that coming to an understanding about social media usage prior to marriage can help the couple’s relationship and help to establish boundaries. An attorney may be able to help a client planning to get married discuss and draft the language, whether in the context of a more comprehensive prenuptial agreement covering other traditional aspects or on its own.

Source: ABC News, “I Love You, You’re Perfect, but Watch What You Facebook: Social Media Prenups“, Lauren Effron, June 03, 2014


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