Even an amicable divorce can sometimes bring out the worst in people. Every divorce has its ups and downs. It’s not uncommon to have moments of despair or even rage at the other party. Unfortunately, these days, those moments can end up on social media and – depending on who’s involved – go far and wide before the person posting a picture, video or simply words can take it down.
You don’t have to be a celebrity or other public figure to have an ex’s disparagement (whether accurate or not) cause career, reputational and financial harm. It can happen if you’re a well-known professional, business owner, politician and/or philanthropist in your community or in your field. This kind of risk is one of the primary reasons why people are increasingly putting non-disparagement provisions in their divorce agreements.
Broader than parental non-disparagement clauses
These provisions are separate from the non-disparagement clauses typically included in parenting plans. Those are intended to protect both parents’ relationships with their children – and the children’s best interests. They typically state something to the effect that neither parent will disparage the other to or in front of the children or allow anyone else to do so.
As with a non-disparagement clause in a parenting plan, however, it’s important to determine what the consequences will be if either party violates a larger non-disparagement clause as well as what evidence is required to prove that any type of public comment has done harm. At the very least, it would likely be considered contempt of court. These are among the details that can be worked out by the parties involved and their legal teams. A provision needs to be fair to both parties.
A well-written provision can help prevent spouses from ending up in court together again. That’s because both parties are discouraged from discussing their divorce or their former spouse in any type of public forum. This can help both people move on.