Prenuptial digital privacy clauses gain popularity - New York News

Prenuptial digital privacy clauses gain popularity

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NEW YORK (MYFOXNY) -

Realty TV star Kim Kardashian probably wished she did have one before she walked down the aisle with Kris Humphries. We might never have known about Tiger Woods' cheating ways if he had one. And figure skater Johnny Weir is insisting on one as part of his post-nuptial agreement.

What is it? A digital privacy clause.

New York City divorce lawyer Bettina Hindin says once you push "send" someone can find it. And in divorce, sometimes a husband or wife might want to use that personal information for revenge.

A digital privacy clause can protect you. It is agreed to before or even after a marriage. Both people agree not to use their spouse's private emails and text messages against the other to gain ground in court during divorce proceedings. That would include something like "sexting," or private photos made famous by former New York Congressman Anthony Weiner.

The purpose of these clauses in the agreements is to prevent your spouse or ex-spouse from using that information against you.

A digital privacy clause does have restrictions. You typically are not allowed to hide criminal behavior or financial assets owed to your spouse. And it's not just about keeping infidelity a private matter. It could also be other information you want kept under wraps because it could damage your professional reputation.

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