More couples adding social media clauses to prenuptial agreements

Social media use clauses in prenuptial agreements are becoming more common. Social media use is one of many topics that couples can include in Florida prenups.

Social media is becoming an ever-increasing presence in our daily lives, and it is clear that social media use will only keep growing. While social media sites can be entertaining diversions, there are also downsides to using social media. For example, according to ABC News, about 33 percent of all divorce filings mention Facebook use as an issue. In recognition of the huge role that social media plays in people's lives, more couples are choosing to include parameters on social media use in prenuptial agreements.

Including social media in prenuptial agreements

It may seem silly to some people to include rules about what each spouse may post on social media sites in a prenuptial agreement, but once information is on the Internet it can do real damage. Embarrassing photos or statements can hurt a spouse professionally or damage his or her reputation. Spouses may also feel humiliated or violated when a spouse posts an unflattering picture or shares something online about intimate issues between the spouses. With social media clauses in prenuptial agreements, couples can clarify issues such as what is acceptable to post online, what types of things each spouse needs to clear with the other before posting and people with whom it is and is not acceptable to interact online.

Penalties for violating social media clauses vary from couple to couple. Some couples include monetary penalties for serious violations such as posting nude photos, while other couples choose to have a spouse do a household chore for minor infractions. Monetary penalties usually come into play if the couple divorces, as a deterrent for spouses trying to ruin each other's reputation online after they split.

Florida prenuptial agreements

Social media use is just one of the many topics that couples can include in prenuptial agreements. Other areas that prenuptial agreements can cover include:

  • Rights and obligations with respect to any property either spouse has or the couple acquired together
  • Property distribution in the event of divorce or death of one of the spouses
  • Spousal support, including waiving all rights to support
  • Drafting estate plans to enforce the terms of the prenuptial agreement
  • Ownership rights to insurance policy proceeds
  • Choice of law to govern the agreement
  • Any other areas that do not violate public policy

Couples may not include provisions that waive child support, however.

Consult an attorney

It is important to have the assistance of an experienced attorney when drafting a prenuptial agreement. An attorney can make sure that the agreement is valid and enforceable, as well as review the agreement to make sure that it does not favor one spouse too much. If you have questions about prenuptial agreements, speak with a skilled Florida prenuptial agreement lawyer who can advise you based on your specific circumstances.

Keywords: prenuptial agreement; premarital agreement; divorce