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.
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