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Couples are putting ‘social media clauses’ in their prenups

Prenuptial agreements are usually thought of as a way of protecting assets in case a marriage doesn’t work out. But they’re increasingly being used to protect a spouse’s reputation as well.

In the age of social media, it’s very easy for a bitter ex-spouse to humiliate someone in front of family and friends, or even thousands of strangers.

To prevent this, some couples are incorporating “social media clauses” into their prenups. These clauses prevent each spouse, in the event of a breakup, from posting revealing or unflattering pictures, details about the relationship and its problems, status updates about the other spouse, or other derogatory messages.

A spouse who violates such a clause is typically subject to a financial penalty that’s laid out in the agreement.

Some social media clauses prohibit spouses from posting anything about their ex, positive or negative. This helps avoid a situation where a spouse posts something embarrassing and then claims it was intended to “flatter” the other spouse. (“I thought that picture of you drunk at a party looked cute.”)

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