Facebook, Twitter, and other social media keep most of us connected to friends and family at all times. For couples going through a divorce, however, posts on social media can become as painful and embattled as negotiations in the lawyer’s office. With this tendency in mind, more and more clients are requesting the inclusion of a “social media clause” in prenuptial documents and final divorce settlement agreements.

According to a poll by ABC News, 80 percent of divorce attorneys in the United States say that social media has become a major issue in divorce proceedings. Prenuptial and final divorce agreements have traditionally been used to decide each party’s rights and responsibilities regarding assets and debts brought into the marriage, the distribution of wealth acquired during the marriage in the later event of divorce, and other rights and responsibilities, such as spousal support, child support, and the creation of wills and trusts.

The trend to add social media clauses to prenuptial and final divorce agreements protects the reputation and privacy of divorcing spouses, and creates clear restrictions in the rights of parents to post about their children. Social media clauses may prohibit former spouses from posting any negative, harmful, or disparaging content about the other spouse online. This protects the spouses’ reputations online where friends, employers, potential clients, or social acquaintances may well search for information about them.

Social media clauses may also specify that the former spouse needs written consent to post anything online that contains “protected information” about the other spouse. Protected information about the former spouse may include:

• Social and professional activities;
• Sexual and romantic activities;
• Information about mental or physical health;
• Private activities and travel; and
• Photographs, videos, and private correspondence.

It is increasingly common for Family Court Judges to rule on the impact of social media in divorce cases. This could include whether a negative Facebook post should be grounds for a financial damages claim or if location data from Twitter should be admitted to corroborate infidelity, substance abuse, or gambling addiction.

A social media clause allows parties to remove a “first strike” option, which will keep the parties more relaxed and direct them to use greater care and caution during divorce proceedings than they otherwise might have done.

At Hanan M. Isaacs, P.C., we have experience with premarital and final divorce agreements, whether you have modest funds or high net worth. We will be happy to discuss with you whether a social media clause should be included in your prenuptial or final divorce agreements. To schedule an appointment with a Central Jersey prenuptial and divorce specialist, please call 609-683-7400, or contact us online.