'Revenge Porn' Increasingly Added to Marriage Prenups

LOS ANGELES—Among the many potential things that can go wrong in a marriage that some people try to legally and financially protect themselves against before they get married, so-called revenge porn is reportedly climbing the list. According to ABC News, social media line items are increasingly being included in prenuptial agreements. "In an age where we are constantly seeking instant gratification through our social media connections, more couples are seeking the so-called 'social media prenup,' a written document, or often simply a discussion, that addresses what’s acceptable to share online about each other, sometimes with serious consequences," reports Lauren Effron for Good Morning America. According to Ann-Margaret Carrozza, a New York estate lawyer interviewed by ABC, the phenomenon is a recent but genuine development in the mindset of some newlyweds. “It’s a huge issue because we all know this stuff, once it’s out there, you can’t shake it,” she said of the concern she is hearing from clients about potentially embarassing images and videos making their way online. “It can be humiliating. It can be painful. ... It’s really no joke, and I expect this clause to become much more important with any of the other contracts.” ABC News added, "Carrozza said she does five so-called 'love contracts,' or lifestyle provisions in prenups or post-nuptial agreements, per week and started offering social media clauses for those negotiations about two months ago. In that time, she said, about a third of her clients have been interested in having such a clause in writing." While the emotions surrounding being "revenge porned" by an ex are understandably visceral, "the penalty for violating the social media clause has been monetary. The amount set depends on a person’s wealth... For example, for someone living in New York City who makes below $5 million, Carrozza said, 'The clause we’re using with it is $50,000 per episode,' meaning per post or per tweet." That could add up quickly, to say the least, but Carrozza added, "We want to be able to contractually limit the damage. The damage is psychological, in the case of humiliating posts and tweets and pictures out there, and it’s economic because my career prospects are harmed.” And despite it being a relatively new phenomenon, especially considering how long the so-called "revenge porn" websites have been out there with no mitigating statutes in place, Carrozza says she is actually raising the issue in order to spark an otherwise ignored conversation. “It helps a couples identify the areas where they are never going to compromise,” she told ABC. “You want to establish boundaries, what will be off limits, what will be private ... what are the acceptable areas of your private lives that you want to post online.” Expect the trend in social media prenups and post-nuptials to continue. Per ABC, the American Academy of Matrimonial Lawyers reports that 80 plus percent of U.S. divorce attorneys say social networking in divorce proceedings is on the rise, and according to Randy Kessler, an Atlanta-based divorce attorney, social media is “the most frequent new issue” that comes up in divorce proceedings. No one, it seems, can escape the nefarious potential of social media. "If there is such thing as a general run-of-the-mill divorce case, it's in every case,” said Kessler. “It is scary when you see the stuff we see.” The question remains whether these legal avenues and threats of monetary penalty are successful in curbing the apparently unbridled passions that come with divorce. On that score, Kessler says the jury is still out. “I don’t think they hurt," he said of social media prenups, "but what’s interesting is they are untested."