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Should You Consider a Social Media Clause in Your Prenup or Divorce?

New Jersey Divorce Lawyer » Should You Consider a Social Media Clause in Your Prenup or Divorce?

Times change, and family law tends to evolve along with those changes — which is why more couples are now using social media clauses in their prenuptial agreements and divorces.

What’s a social media clause? Well, basically they are clauses in an agreement between a couple that seeks to limit or control each party’s online behavior. Specifically, they’re often used to keep one spouse from publicly denigrating the other online in a way that might hurt that spouse’s reputation, business or brand. In an era where image is everything and negative aspersions can trigger a “cancel culture” effect, that kind of restriction can be very important.

During a divorce, social media clauses can do the same thing. They can also be used to limit the exposure a couple’s children may have in the media by putting a halt to posts that involve photos of the children’s faces or details about their habits, school or lives. That can be particularly useful in high-profile divorces if one spouse is concerned that the other is over-exposing their children to the public.

Social media clauses are usually enforced with monetary fines that are hefty enough to make an errant spouse think twice. That rant on Facebook that alludes to the idea that you’re mentally ill or a bad parent won’t seem so satisfying if your spouse realizes that it could cost them thousands when it comes time to divide up the marital assets.

If you’re concerned about what a nasty, public divorce could do to your public profile, find out more about your options today. An experienced attorney can usually help you find ways to mitigate the risks.

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