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Social media may play a role in your divorce, are you prepared?

Prenuptial agreements are nothing new, but ever-evolving technology seems to be changing how Massachusetts couples use these important documents. This may be especially true for younger couples who are more adept at engaging in online activities, particularly social media. Most people can minimize any potential distress caused by social media during a divorce by addressing its usage prior to saying “I do.”

What happens when a disgruntled ex shares otherwise private information on Twitter, or posts an unsettling picture to Instagram? These popular social media websites can reach an untold number of people, and for people whose employment rely on their personal reputation, this can be a disaster. This is just on example of the very real concerns that many couples have when going into a marriage.

A carefully worded social media clause in a prenuptial agreement can help circumvent any potential issues that might arise on Facebook during a divorce. Couples can agree that any information they wish to remain private — from text messages to pictures — cannot be shared on social media, even if the information is not particularly damaging, which can help avoid potential disputes about what constitutes a malicious post. Social media usage during the marriage can also be handled early on, and may include which information should be kept private to how images of future children are handled.

Social media is not going anywhere anytime soon, and Massachusetts couples need to be aware of how its usage may impact their future divorce. However, since Facebook, Twitter and other social media sites are still relatively new when compared to the institution of divorce, it may not be enough to simply insert a few words regarding these websites and call it a day. For most people, the careful guidance of an experienced counsel can help ensure that a prenuptial agreement will be fully enforceable.

Source:, “Do you need a social media prenup?“, Stephanie Webb, May 16, 2018


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