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Should you have a social media clause in your prenup?

If you are considering the inclusion of a prenuptial agreement with your marriage, you are not alone. More people, especially those who are entering their second marriage, are using prenuptial agreements to set expectations about how property will be divided in the event the relationship doesn’t work out.

For those unfamiliar with prenuptial agreements, couples have a broad amount of discretion over what they may include in their agreement. In fact, many people are following the lead of celebrities by including in-law provisions and fidelity clauses. 

But arguably the most interesting prenup clauses have to do with social media. Basically, these clauses govern what spouses may (or may not) say online during a divorce. With more people sharing their lives with the world through Facebook, YouTube, Vine and other online outlets, social media clauses are becoming popular because of how jilted or vindictive spouses may air their grievances online for everyone to see.

If you think that such behavior is unlikely, just consider how revenge porn and online bullying has become such a problem.

With that said, more couples are pledging that they will make disparaging statements about each other or post incriminating photos online. While it may seem obvious that couples should not have to make a pact not to do these sorts of things, it may sometimes be difficult to know what a person is capable of when they are brokenhearted.

In the meantime, couples who are considering prenuptial agreements should consult an experienced family law attorney to learn about their rights and options.

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