Social Media and Prenuptial Agreements

As social media becomes increasingly popular in Texas and the rest of the U.S., more and more users post comments, status updates, and photos. The backlash could be serious for a spouse who posts questionable information regarding their significant other. If one partner wants the other to delete a comment or photo, they might be forced to comply or face the possibility of paying their spouse.

In some cases, parties are drawing up pre-marital agreements that include social media guidelines that address the delicate topic. One lawyer observed that this area of law is quite new and began to pop up in connection with other prenuptials in April 2014. Since then, about one in three clients have expressed an interest in including social media expectations in a prenup. She believes that the idea will catch on in an even greater way because people understand the seriousness of posting something on social media and realize it can never be retracted.

One example of a social media clause includes a clause against posting embarrassing pictures or posts and nude photos. The social media clause generally includes Twitter, Instagram, Facebook, and any other social media. In some cases, the penalty for ignoring the prenup is a financial sanction. However, that depends on the person’s income or wealth. A typical figure could be $50,000 per incident. In some cases, the damage could not only be personal but career-affecting as well. The lawyer further observed that couples should have important conversations including addressing boundaries within a marriage.

With the impact of technology, premarital agreements now address new issues that could affect a marriage. A family lawyer might be able to help a client address social media in a prenuptial.

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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