Social Media Prenups a Growing Trend

by Norris Law Group on June 24, 2014

Social Media Prenups a Growing Trend“I promise to love, honor, and cherish you…and to never post embarrassing pictures of you online.” Sound ridiculous? Far from it. More and more betrothed are asking—perhaps even demanding—that their soon-to-be spouses promise to refrain from uploading “questionable” pictures of them to social media sites such as Facebook, Twitter, Snapchat, and Instagram, among others. This is known as a “social media prenup” or “digital prenup,” and those requesting them are absolutely serious.

Deseret News writer Kandra Polatis shares a story first told in the New York Daily News. Ann-Margaret Carroza, a family law attorney based in New York, is quoted: “[Potential embarrassment via social media by a spouse or significant other is] a huge issue because we all know this stuff, once it’s out there, you can’t shake it. It can be humiliating. … I expect this clause to become much more important with any of the other contracts.” If a couple includes such a clause in a prenuptial agreement and one spouse violates it, Carroza says that the offending spouse should be prepared to pay handsomely based upon his or her income, and $50,000 per violation is not an unusual request.

Dr. Karen Ruskin tells Charlotte Alter of Time.com that if a couple is having a hard time agreeing on what constitutes appropriate online behavior, that may indicate a far more significant problem in the relationship: “If you’re fighting about social media, it means that there is something else going on…If your relationship is in a healthy place, you’re likely not to argue about social media. Social media is just spotlighting the problem.” Charlotte Alter continues, “[ABC News] says that 80 percent of divorce attorneys say discussion of social networking is increasingly common in divorce proceedings for a range of reasons, which means we’ll probably be hearing more about prenups like this…But it’s not a safety measure — it’s a red flag.”

Attorney Graham Norris and his associates at the Norris Law Group serve the residents of Utah County and throughout Utah in the areas of divorce and family law. Contact them today at 801-932-1238 or online for a free consultation.

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