Should you seek a non-disparagement co-parenting provision?

On Behalf of | Jan 30, 2025 | Family Law

When couples with children divorce, they sometimes include a non-disparagement provision in their parenting plan. This is meant to prevent either parent from saying negative things about the other to or in front of their children. This kind of contractual term is sometimes expanded to include not allowing others to speak ill of the other parent around the kids too.

These clauses may be worded something like, “Neither party shall disparage the other nor permit any third party to do so when within hearing range of the child.” Sometimes they include social media posts – particularly when the children are old enough to potentially see these posts – or for their friends to.

These provisions generally aren’t meant for comments like, “Your mom is a terrible baker” or “Your dad never did a load of laundry in all the time we were together.” They’re typically used when parents are concerned about things like the other questioning their morality, how they feel about the children or whether they were faithful during their marriage.

Non-disparagement agreements involving third-party communications

Some couples find it important to include a broader non-disparagement clause – or one spouse may want to include it. For example, during the recent Senate confirmation hearings for Pete Hegseth, the new Secretary of Defense, it was revealed that his divorce with his second wife included a court-ordered agreement that limited their ability to speak about each other publicly. (There was also a separate clause in their parenting plan). This prevented her – although not other family members – from speaking out about his alleged behavior during their marriage.

These types of clauses can – like the one described above – apply to communications with any third parties. A person doesn’t have to be famous to benefit from such a provision. They might have a medical practice, own a small business, be a member of the school board or be well-known for their philanthropy.

If their ex is going on social media or any other public forum – or even just openly talking to people – about them in negative terms (true or not), that could harm their business, their financial health and/or their reputation. With that said, any clause or agreement like that would typically need to be mutual – even if one person has more to lose than the other.

Whether you’re seeking a non-disparagement clause or your soon-to-be ex is, it’s important to learn more about them. With solid legal guidance, you can work to seek the agreement you need to protect your rights and your reputation.