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Social media prenup clauses

Some New Jersey couples may wonder what happens if his or her partner posts something damaging to their reputation on social media. It could be something that was spur of the moment like a revealing bathing suit photo, or it could be a more organized attack after the relationship has gone sour. Either way, what goes on the Internet has a way of staying there. That's why some couples are including clauses about social media in their prenuptial agreements.

This provision is fairly new, and it generally states that the couple won't post nude or embarrassing photos or posts that are damaging to a professional reputation. It tends to be a blanket provision that covers all types of social media rather than specifying what is acceptable on Facebook, Instagram, Twitter or Reddit. Couples may learn they have differing opinions about what defines a violation of privacy. One person might want to share stories about his or her private life to promote their business, while their partner might find such tales going on the Internet invasive.

Essentially, these clauses provide for money damages if there are violations. Usually it's an amount per post, so for example, an affluent couple making a significant amount of money might agree on $30,000 per violation since it needs to be an amount that has in impact on the party who violated the agreement.

Many couples are marrying later in life and have professional reputations that may be damaged by unwanted posts. Not every couple will believe they need to worry about this issue, but experts feel that bringing it up during the prenuptial agreement process might at least open a discussion about what each person finds to be over the line when it comes to social media.

Source: ABC News, "I Love You, You're Perfect, but Watch What You Facebook: Social Media Prenups", Lauren Effron, June 03, 2014

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