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What is a social media clause in a prenup agreement?

When considering establishing a prenuptial agreement, it can be difficult to imagine the circumstances in which such a legal document would be necessary in your relationship. This can be especially true in cases where you and your significant other earn comparable wages and/or have not acquired a considerable amount of joint assets. Interestingly, however, the benefits of having a prenup agreement can be more obvious when you take into account such factors as your privacy and social media use.

ABC News discusses the growing trend of social media clauses in prenuptial agreements, explaining that such provisions are necessary in a world where more people than ever before are relying on the Internet to interact with family and friends, as well as conduct business. A social media clause is essentially a detailed conversation or document that outlines acceptable online activity, identifying inappropriate social media conduct and subsequent consequences. These types of lifestyle provisions in prenup agreements specify the type and nature of content that may be posted online, as well as prohibit the sharing of specific personal and/or professional details. In addition to addressing concerns over everything from the posting of embarrassing photos to inappropriate status updates, a social media clause can cover a wide array of online platforms and types of communication.

Given that privacy is an increasingly valuable commodity, and personal conduct can have a real effect on people’s professional careers, more couples are establishing boundaries when it comes to what is and isn’t acceptable to share online. In addition to articulating expectations in a relationship, a social media clause establishes how the terms of the prenup can be enforced. In the event of divorce, for instance, any incident involving the unpermitted sharing of personal information online could be punished by imposing monetary fines detailed in the social media clause.

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