Social Media Prenuptial Agreements

Social Media Prenuptial Agreements

In the age of technology, prenuptial agreements are evolving to address concerns surrounding social media use and what is posted and available for public consumption. The “social media prenup” is becoming more common as couples choose to address what obligations one spouse has to the other with regard to what is posted online.

In some cases, clauses are incorporated to prohibit the posting of nude photographs, “revenge porn,” or other sexually explicit photographs or content. Some prenuptial agreements contain clauses prohibiting a spouse from posting an embarrassing or unflattering photograph of the other spouse, or from posting a photograph or other content that could have a negative impact on the other spouse’s professional life or career. Some couples are including clauses in prenuptial agreements where the parties agree not to post anything on social media about the other spouse, whether it be positive or negative.

Depending on the agreement, there can be penalties imposed for violating a social media clause of a prenuptial agreement; for example, in some cases, there is a monetary penalty due for every post that violates the clause.

A social media clause in a prenuptial agreement sets boundaries for use of social media and online posting during the course of a marriage, and is also designed to prevent one party from angrily posting embarrassing or compromising content online if and when the marriage ends in divorce.

To schedule an appointment with one of our attorneys or for further information, call us at the LaMonaca Law, at (610) 892-3877

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About Alicia Fastman

Alicia Fastman graduated from Hofstra University with a Bachelor’s degree in Psychology, then went on to complete her Juris Doctorate at the Widener University School of Law in Wilmington, DE. Alicia graduated from law school with pro bono distinction, completed a Certificate in Criminal Law, and focused her intensive studies within the fields of litigation and trial advocacy. Alicia joined LaMonaca Law in April of 2011 and is a Partner at the firm. She was selected as a Top Lawyer in Main Line Magazine in 2014, 2016, 2017, and 2019 in the areas of Family Law and Divorce and has been named as a Best Lawyer in the areas of Adoption and Trial in the Delaware County Daily Times. Alicia is licensed to practice law in Pennsylvania, and is a member of the Pennsylvania, Philadelphia, and Delaware County Bar Associations. Alicia resides in Delaware County with her dog, Leonard. In her time outside of the courtroom or office, she enjoys creating art, listening to podcasts, and spending time with friends and family.