• K. Kelso Law

Why You Should Consider a Social Media Clause in Your Contracts

Updated: May 31


Kim and Kanye Divorce: Why You Should Consider a Social Media Clause in Your Contracts


Kim Kardashian broke the internet, now she’s breaking Kanye’s heart. The Kardashian empire is a well-manicured *pun intended* machine, but the Kardashian-West messy divorce is so not on-brand. The Kardashians have been living their lives in front of the camera for years with Kim at the helm, sharing everything from a secret pregnancy to addiction. But let’s sip the diet tea: Though Kim and Kanye began separating at the beginning of 2021, the divorce got nasty when Kanye began directly referring to his ex via social media. Let us not forget Robert Kardashian infamously sharing lewd photos of Blac Chyna, during a post-split temper tantrum. In what was another Kardashian Kase of revenge porn that could have been avoided by sitting down with a trusted attorney. Blac Chyna, like Kim Kardashian, could have added a social media clause to her prenuptial or divorce agreement and saved themselves the public (or pubic) scrutiny.


Are Kim and Kanye Divorced?


The Kardashians are no strangers to divorce. After 72 short days, Kim divorced her second husband. The drama! The tears! The paycheck from E! News Network! Despite a year of attempting to end her marriage to her third husband, Kanye West is playing hard to get. He was unresponsive to most requests but had no problem constantly posting on social media and making consistent public outbursts. Earlier this month, Kim was officially declared “legally single” from her seven-year marriage, despite initially filing back in December. Once Kim was declared legally single from the rapper, he took to Instagram once again to air dirty laundry from their split. Sorry, Kim, but the third time was not the charm. You’ll get ‘em next time.


Social Media Outbursts From Kanye Show Importance of A Social Media Clause in Divorce


After Kim and Kanye separated, Kim started quietly then not-so-quietly dating SNL star, Pete Davidson, causing Kanye to make public statements insulting Davidson and implying that Kim and himself were getting back together. Kanye stated, “How you gonna bring me to SNL and then kiss the dude you dating right in front of me?” His proclamations of love and frustration didn’t stop there, though – his attempts to publicly win back Kim quickly turned into a series of allegations about her keeping the kids from him. “How could you be so heartless,” Ye?


Kardashian has also taken to Instagram to address the controversy: “Divorce is difficult enough on our children, and Kanye’s obsession with trying to control and manipulate our situation so negatively and publicly is only causing further pain for all.” In February 2022, Ye wrote that he was taking accountability for his actions in the public feuds with Kim. Seems like a social media clause in their prenuptial agreement would have saved them a lot of heartache and me a lot of time scrolling.


How Could a Social Media Clause Have Helped the Kanye and Kim Divorce?


Whether you are a celebrity or regular shmegular, adding a social media clause to your prenuptial, postnuptial, or marital settlement agreement can ensure that neither party has to deal with derogatory comments or (eep!) private photos being plastered throughout every social media platform. A social media clause often states that neither party can post negative information about one another, or publish unwanted photos or videos online.


If one of the parties breaks this contract, they have to pay the agreed-upon fine and delete the negative posts from the Internet. No tweets, tags, blogs, texts, instas, snaps, TikToks, or posts.


If Kim had implemented a social media clause during her drawn-out divorce or insisted on one during her prenuptial agreement negotiations, she could have protected herself and her kids from unwanted publicity or at least gotten paid for Kanye’s posting, and we know she likes that cash money. Reach out to a knowledgeable attorney who can help protect you with a social media clause during your divorce or in your prenuptial agreement.


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