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Social Media Prenuptial Agreements


With the rise of social media use, some spouses may want to ensure that their partners do not post unflattering content or content that could be financially or socially damaging on their social media sites. One way that people are using to handle this issue is the use of social media specific prenuptial agreements. These kinds of agreements could either be a free standing agreement, or included as a clause in a broader prenuptial agreement.

Some people may come to a mutual understanding that after marriage, social media posts regarding each other should not be of an embarrassing or unflattering nature. An agreement like this is not simply based on a person’s vanity. If one spouse is in a high profile position in society, or in an employment position that requires him to maintain a certain image, some posts by a spouse can threaten this, and so a more formal agreement may be required. The formal agreements often come with financial penalties for violation, and are therefore stronger than an informal promise.

The limitations set forth in a social media prenuptial agreement do not have to be restricted to words written about a person or his business. The restrictions could include the posting of pictures and videos. This is especially useful to restrict a person from posting sexually explicit videos and photographs of the couple as revenge porn. The restrictions on posting this information can be extended to a period post-divorce or separation.

The substance of this kind of prenuptial agreement has to be legally sound given the important First Amendment concerns it raises. Ultimately, prenuptial agreements are contracts under Florida law, and they are evaluated that way when a dispute arises. Like with other agreement, if either spouse entered the prenuptial agreement as a result of duress, the agreement is not likely to be enforced.

Even without a prenuptial agreement, couples should be careful when it comes to social media use before, and during their marriage. Social media use can cause stress and lead to marital problems that can lead to divorce. Once a couple is in the process of getting a divorce, social media use can again become a liability that could affect how the divorce is settled. There are many positive uses to social media, but it needs to be used responsibly, with consideration for how that post or that tweet could affect a spouse and his image or employment.

Before you get married, you should consult with an experienced family law attorney about the possibility of getting a prenuptial agreement to cover the financial and social aspects of your future marriage. It may not sound like the most romantic thing to do, but it is a practical consideration that should be given some thought. Alternatively, if you have been asked to sign a prenuptial agreement of any kind, you should consult with your own attorney before agreeing to sign it.

Contact an Experienced Family Law Attorney

For a consultation, contact our Boca Raton prenuptial & postnuptial agreement lawyers at the Law Offices of Schwartz | White. We are prepared to assist you immediately with your case.



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