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Are social media prenups becoming more common?

If you are considering a prenuptial agreement as part of your new marriage, chances are that you are not alone. Indeed, prenups are no longer for the wealthy and famous who want to avoid protracted litigation in the event of a divorce. Everyday people are setting boundaries around what should and should not be litigated in the event their marriage does not work out.

Prenuptial agreements are increasingly popular likely because people are tying the knot later in life. This means that they have amassed their own personal wealth and may have children from other marriages. As such, a prenup may be necessary to protect their interests. 

Couples have broad discretion about what they can include in their prenups. Because of this, many people are including social media provisions to protect themselves. Essentially, some prenuptial agreements will contain specific language indicating that the couple agrees not to make any disparaging statements over social media outlets or post embarrassing or incriminating photos for everyone to see.

With how people are so conditioned to share their lives over Facebook, Instagram or SnapChat, it is understandable that social media provisions are showing up in prenuptial agreements.  After all, it is increasingly common for heartbroken exes to shame those who jilted them; especially when they have been cheated on.

While it may be obvious that couples shouldn’t need to incorporate specific language in a prenup to be civil over social media, it is tough to truly know what someone is capable of when they are heartbroken.  

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