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Some couples now incorporate social media into prenups

Social media has enabled people across the country and around the world to connect with each other. Someone living in Illinois can send pictures, update friends and more with just a few clicks on a smartphone. As online networking has grown in popularity, it has created interesting discussions regarding employment, privacy and even divorce. Couples involved in a separation or divorce may want to be cautious with what they put online, as the results could be costly.

A family and relationship therapist and her partner have a prenuptial agreement in place that takes social media into account. It is a common practice for some couples to have prenuptial agreements to determine how marital property and money will be divided in the event of a divorce. In the United States, all states recognize the practice though the agreements may not always be enforced.

According to the therapist, an agreement regarding social media can enable a couple to have a better relationship. At the beginning of a relationship, it may be hard to fathom that a spouse would post something inappropriate online, but it can happen. If it does occur despite a contractual agreement, the penalties can be expensive. According to one attorney, a spouse’s income could determine the cost of an offensive or humiliating post. A person who makes less than $5 million may have to pay as much as $50,000 for each post.

A prenuptial agreement can be an effective way to minimize the work that has to occur following a divorce. Dividing property can become complex quickly. An attorney is best equipped to help a couple establish such agreements and navigate the legal process associated with a separation or divorce.

Source: The Independent, “$50,000 for a tweet: The rise of ‘social media prenups’,” Lizzie Dearden, June 6, 2014 

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