Generally, prenuptial agreements address the subjects of alimony and division of property in the event of divorce. However, there is a growing trend favoring the inclusion of social media clauses in prenuptial agreements. Such clauses would determine the types of images and information formers spouses may share on social media sites such as Facebook, Instagram, or Twitter in the event of divorce. For example, a social media clause in a prenuptial agreement may prohibit former spouses from making derogatory or harassing comments about the other former spouse online. Alternatively, social media clauses could potentially prohibit former spouses from posting pictures of the couple's minor children or embarrassing or disparaging photos of the other former spouse online. If adopted by the court and incorporated in the couple's Final Decree of Divorce, such provisions would be enforceable via a contempt action. Alternatively, couples may choose to agree to certain penalties in the event the terms of the social media clause is violated.
In light of the increasing popularity of social media as a form of communication and expression, and the reality that it is all but impossible to erase a derogatory image or statement once it has been posted online, the increasing popularity of social media clauses in prenuptial agreements is understandable. For information regarding prenuptial agreements in Georgia, contact The Atlanta Divorce Team at Meriwether & Tharp. One of our experienced family law professionals will be more than glad to consult with you.