Pacheco Perez P.A.

Should your premarital agreement include social media?

Social media use is on the rise, according to data from the American Academy of Matrimonial Lawyers. The Academy says 80 percent of attorneys dealing in divorce have seen an increase in social networking involvement in proceedings. For some individuals in Miami, Florida, bringing social media into a divorce could create consequences across careers and other aspects of life.

Some attorneys are now suggesting that premarital agreements include verbiage about social media. Agreements could lay out what is acceptable to post during and after a marriage for each spouse. It's true that you can't stop people from posting about you on their own social networking pages, but a premarital agreement can discourage derogatory or reputation-damaging posts by spelling out a monetary consequence.

Some examples of things couples may want to include in a social-media prenup include prohibition against nude or partly nude pictures and prohibition against pictures that paint a person in a derogatory or especially unflattering light. Individuals could also protect personal assets or business information by limiting the amount of details about such things their spouse can post.

Not everyone needs a social media prenup, say experts. Celebrities and politicians are an obvious choice for such an agreement, since spouses can malign the public image of a person should divorce proceedings become heated.

Individuals who rely on a personal or business image or brand for career or income should also consider a social media prenup, say experts. Protecting intangible assets, such as reputation, is as important as protecting financial or tangible aspects before entering a marriage.

Premarital agreements are often disputed following the end of a marriage, so it's important to ensure any agreement is detailed and thorough. Creating a document that holds up in a legal arena is essential.

Source: CBS Philly, "Couples Beginning To Include Social Media Clauses In Prenuptial Agreements" Melony Roy, Jun. 16, 2014

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