By Stephanie Webb, Associate at Radix Law
Have you ever argued with your partner about social media? If you answered "yes", you're not alone. Social media has increasingly become an issue couples must grapple with during marriage and especially in the event of divorce.
In an effort to avoid some of those disputes, more and more couples are now including a social media clause into their prenuptial agreements.
Caught up in emotion, some people turn to Instagram, Twitter or Facebook to bash their ex or share explicit photos and messages that were meant for private eyes only. Even when posts aren't malicious, some partners may simply desire privacy.
Those whose job depends on their reputation, or who have spent resources and time investing in their image (business owners, lawyers, etc.) could suffer more than a bruised ego when a spouse or an ex overshares on social media.
The negative publicity could result in severe economic loss. When entering into a marriage, it's important to discuss boundaries and privacy expectations as they relate to social media.
Social media clauses can address topics as varied as what information and photos can be shared of current or future children, who outside of the marriage should be allowed access to a joint social media account, and what topics are appropriate to post about.
It's also necessary to outline appropriate damages for disparaging posts and comments in the event of a divorce or separation. This can help to discourage harmful posts that may otherwise seem appropriate in the heat of the moment. It's also important to note that social media posts could be taken into consideration during child custody battles.
Love in the age of social media is complicated, especially because what gets posted online never truly goes away. Including a social media clause into prenuptial agreements will give both you and your partner peace of mind that you are being treated fairly when it comes to social media use, both during your marriage and in the event of a divorce.
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