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The newest addition to prenups: social media rules

In our last post, we highlighted a study indicating that Facebook use could lead to marital problems and eventually divorce. Today we explore the growing phenomenon of couples entering into social media prenuptial agreements.

Indeed, Nevada law gives couples broad discretion over what they may legislate through prenuptial agreements, including how property shall be divided, and whether spousal support will be granted in the event of a divorce. However, it is somewhat unusual for couples to enter into an agreement that they will not disparage each other or otherwise harm each other’s reputation by saying terrible things over social media or posting embarrassing or unflattering photos of each other.

Essentially, family court judges expect that adults will exhibit a measure of restraint and good judgment regarding the use of social media during a divorce or custody proceeding. After all, parents are supposed to set good examples for their children, and perpetuating an online battle will not help either party in the end. Nevertheless, some couples are agreeing to pay upwards of $50,000 for any violation of the prenup.

Some people may see online rants as some sort of therapy, especially if they quickly take down a post or retract a statement. However, as we indicated in our last post, online statements are like permanent public records that can be retrieved.

In the meantime, those who believe they need or will benefit from a prenuptial agreement, even one specifically for social media, should consult an experienced family law attorney so that they understand their rights and options.

Source: Time.com “People are getting social media prenups,” Charlotte Atler, June 5, 2014

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