Social Media Prenups Are On The Rise


Couple on phone

In the age of instant gratification and social media, one hardly thinks about the positive or negative consequences when posting something on Facebook, Twitter, Instagram, etc. Maybe it is an unflattering photo of someone you know, don’t know, or your significant other.

According to ABC News, couples are now signing a “Social Media Prenup” which is “a written document, or often simply a discussion, that addresses what’s acceptable to share online about each other, sometimes with serious consequences.”

A New York-based attorney specializing in estate planning, Ann-Margaret Carrozza, talks about how relatively new this concept is but it is a concept that is not far-fetched or unreasonable with how often people post just about everything online. Corrozza said in recent months she has done five “love contracts” a week with specific social media clauses including what is unacceptable with written negotiations.

Nude photos, embarrassing photos, posts, something that may harm that person’s reputation are all included. It is not specific to which site (Facebook or Twitter) just a generic “social media” provision.

“It’s a huge issue because we all know this stuff, once it’s out there, you can’t shake it… It can be humiliating. It can be painful. … It’s really no joke, and I expect this clause to become much more important with any of the other contracts. There might be a bathing suit photo that might be particularly embarrassing, posting that would have to be cleared.”

ABC news also reported more than 80% of U.S. divorce attorneys say social networking in divorce proceedings are on the rise. Social media is “the most frequent new issue.”

I love you. I love you too, but tweet that photo and I’m cashing in.

What do you think of this new idea? Needed?

The entire report from ABC News can be found here.

[Photo credit: Sascha Kohlmann]


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