Social Media Clauses in Your Prenup: To Include or Not?

Missouri couples who are thinking about marriage may be interested in the latest trend in prenuptial agreements: including a provision to define and control how the two talk and post about each other on social media sites.

As social media becomes more and more popular, considerations about what is being shared are now being addressed by attorneys before marriage even occurs. Because of the potential damage that posting embarrassing or lewd photos and information on social media can do to a person’s professional or personal life, these clauses can be vitally important. This is particularly important since most divorce courts will not order any restriction on the use of social media in the absence of an agreement between the parties that provides for limits on the use of social media.

So what does a typical prenuptial provision include regarding social media? In addition to prohibiting a spouse from posting any photos of their significant other on social media that could embarrass them, including nude or otherwise lewd pictures, there may also be language restricting any post or photo that could hurt their reputation at their job or damage their career. These social media provisions set out the damages associated with breaching it, the amount of which is usually related to the wealth of the couple.

Be aware that these provisions do not prevent an angry spouse from posting all embarrassing or derogatory things, and their enforceability is not one hundred percent assured. But, since a court will not likely order restrictions as part of a divorce in the absence of prenuptial agreement containing a social media provision, including such a provision in the agreement improves the bargaining position of the party concerned about use of social media and increases the likelihood of such a provision being included in the divorce judgment and the potential for a judicial remedy, including damages.

While many couples may feel that prenuptial agreements show a lack of trust, experts believe that they can make a relationship better by pointing out issues and increasing understanding before the marriage. The attorneys at Paule, Camazine & Blumenthal have considerable experience drafting and negotiating prenuptial agreements and may be able to help negotiate a prenuptial agreement that works for the client.

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