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Social media prenuptial agreements can be made legally binding

For some, the end of a marriage results in bitter battles between estranged spouses. In fact, the new era of social media is helping acrimonious exes find a new frontier to stake out their bitterness. Arkansas recognizes valid prenuptial agreements between spouses, and Little Rock residents could benefit from a social media clause in a prenuptial pact.

Prenuptial agreements addressing social media in divorce are becoming more prominent. These new-age prenups regulate the distribution of images and pictures on various social media after divorce. The topic gained momentum after cases of revenge porn and bitter celebrity mudslinging popped up on social media, post breakups.

While it might seem juvenile and unimportant to see celebrities posting demeaning comments about their exes, most ordinary people are not insulated from such a social media onslaught during or after divorce. Digital prenuptial agreements can become great armor for any couple, regardless of celebrity. Posting embarrassing images, such as nude pictures, may attract penalties as high as $50,000, depending on the terms of the agreement.

Digital footprints are permanent and can be reflect poorly on various aspects of a person’s life. With the option of “sharing” or “retweeting,” such images may be distributed worldwide without the person’s knowledge. Prospective employers are known to search digitally for prospective employees so an embarrassing picture may unknowingly wreak havoc on a person’s work life. Some social media-specific prenuptial agreements are extending confidentiality agreements to include social media. Signing a prenup to keep up with the digital age might be a universally good idea in today’s world.

Source:, “Legally binding social media ‘prenups’ aim to quash embarrassing Facebook posts“, Jenna O’Donell, June 5, 2014

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