In earlier blog posts, we discussed how social media can often be used against a party in a divorce action. Social media posts have the potential to be used as evidence in domestic violence matters, in custody matters, in allowing one to uncover hidden assets, or to impeach a party’s credibility. Social media has become such a phenomenon in people’s everyday lives that family law attorneys have begun to include social media clauses into prenuptial agreements. While social media clauses may have been commonplace in the world of celebrities who desire privacy from gossip magazines, it is becoming more prevalent among the general public.
Lawyers are increasingly using social media language when creating prenuptial agreements for their clients. The impetus for social media clauses in prenuptial agreements is to preserve the right of privacy and to avoid disparaging comments made by a former spouse, which could possibly result in a person’s reputation, business, or personal relationship being damaged.
While such clauses may not be necessary for every couple, there is a trend for younger couples, referred to as the “texting generation,” to ask their attorneys to include a social media clause. Such a clause would typically define what kinds of posts would be off limits to be published on a social media site. It would also outline the penalties if one spouse were to violate the clause which can normally range from $10,000 to $50,000 depending on the financial income of the spouse and the desired deterrent effect of the amount.
Given how popular social media has become, it is likely that social media clauses in prenuptial agreements will be on the rise.