Social media is prevalent in the lives of many Minnesota residents. Facebook and Twitter may also be widely used during a divorce, making an already stressful situation even more emotional. But can a person set limitations on its use during a divorce? It’s possible through a divorce clause, which is becoming more common in order to protect all parties involved.
Social media is commonly used to make disparaging remarks about the other party during a divorce. This does nothing to help the situation; in fact, all it does is fuel the fire and make things worse. While it’s a good idea for a person to have an outlet to vent frustrations and anger, a public forum like Facebook is not the answer. A clause can keep one spouse from talking negatively about the other.
A person may also use social media to share photos and details about their children. Many parents like to brag about their children online, but it’s important to remember that anything posted on social media can be seen by anyone, whether or not they are Facebook friends or Twitter followers. It’s not a good idea to ever expose a child on social media, and a clause can help prevent this situation.
Many people may not know that all marital property – even digital property – is subject to split in a divorce. That means that even social media accounts can be divided. To avoid this type of property division, a person should ensure that a clause allows him or her to maintain ownership of all content. Another reminder: those who selected their spouse to be in charge of their Facebook account after their death may want to choose someone else to take on this task.
To avoid an unnecessary dispute, it’s important for divorcing couples to think before they post. Once something is posted, it’s out in cyberspace for everyone to see. A clause can help a person protect his or her interests when the marriage ends.
Source: Huffington Post, “Why You Need a Social Media Clause in Your Divorce,” Brette Sember, Feb. 26, 2015
