Newell: Should you get a social media pre-nup?

Newell Normand
June 15, 2018 - 2:07 pm

Typically, pre-nuptial agreements are about physical assets after the break-up.  That’s changing, however; and there’s a whole new landscape with the rise of social media.

Check out some of Newell Normands HOT TAKES:

  • The former spouse can make very harsh, derogatory comments on social media and really just taking private things and making them public.  This can be very detrimental to one’s reputation.  This can be very detrimental to how one is viewed in society. 
  • And how do we deal with limiting the free speech of the former partner?  So often, folks are confused about what free speech means.  Many think ‘I can say whatever I want, when I want, how I want; and nobody can restrain it.’  That’s not necessarily true.
  • Can these social media pre-nup agreements limit the speech of the spouse after the marriage ends?  Are there mechanisms in place to punish someone who violates the agreement? 
  • When bad break-ups spill over into social media, that doesn’t just affect the two former spouse.  That affects the kids.  They have to see all the nasty things their parents are saying about each other online.  That is just a complete and total breakdown of emotional intelligence when that happens.  You’re injuring innocent third parties.
  • When a former partner disparages you on social media, how do you address that situation?  Once it’s out there, it takes on a life of their own.  It doesn’t go away.  It’s hard to get it off that medium. 
  • People do this in the heat of the moment because they want to retaliate and make the other person suffer.  And this can have real effects!  I’ve read cases where people lost the ability to visit their children. 
  • The worst part is that other people start to participate, and they share it or join in.  And then it turns out that what’s being posted is a lie.  Some engage in this because they think it’s funny, but there is nothing funny about this.

Listen to Newell’s whole conversation with WWL legal analyst Doug Sunseri below.

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