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Laura Dale & Associates, P.C.

Should you get a social media prenup?

When your reputation is part of your brand or important to your business, you naturally want to protect it against harm. That means looking ahead to the future and anticipating potential problems -- even if they aren't something you particularly want to consider.

We're talking about divorce. As much as you love your spouse (or intended spouse), relationships don't always last. While prenuptial and postnuptial agreements have long been used to make high-asset and high-profile divorces easier, no modern agreement is complete without a social media clause.

Typically, social media clauses don't focus their restrictions on specific websites (since the most popular platforms at any given moment can change). Instead, they focus on rules of behavior.

Whether fairly broad or highly detailed, they outline what kinds of posts are off-limits by each party. For example, your social media contract can say things like:

  • Neither spouse can publish any photos of the other in any state of undress
  • Neither spouse can publish photos or posts that are likely to damage the other's reputation
  • Neither spouse can publish photos of the other that were taken without the other party's consent (like when you are sleeping)
  • Neither of you may publish photos where the other party is holding a drink, appears drunk or is holding drug paraphernalia
  • Neither of you may post any disparaging comments about the other party's sexual prowess or habits
  • Neither party may publish negative statements about the other party's parenting

Typically, infractions are handled by fines -- which gives the contract some teeth. Your spouse may think twice, should you divorce, if a post that knocks your parenting and morals will cost them thousands.

Don't let a divorce take you by surprise. Find out more about prenuptial and postnuptial agreements today.

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