Social media is deeply woven into most everyone’s daily lives, serving as a tool for communication, networking, and entertainment. However, if used improperly, social media can introduce unexpected challenges during a divorce. The use of Facebook, Instagram, X, and even LinkedIn may affect divorce proceedings in several significant ways.
Emotional and Psychological Evidence
Divorce cases often involve disputes over emotional harm, infidelity, or other misconduct. Social media activity, including messages, photos, or even tagged locations, may be used as evidence of such behavior. Moreover, negative comments about a spouse on social media may reflect poorly on the individual who posted them, especially if such remarks are made publicly or seen by the parties’ children.
Online Surveillance During Divorce
It is common for spouses, as well as their attorneys, to monitor social media activity during divorce proceedings. Even seemingly insignificant posts can be pieced together to form a narrative that harms your case. Posts can also be used as evidence if they are relevant to any issue present in your divorce.
Communication and Legal Strategy Risks
Online posts can unintentionally reveal legal strategies or discussions that should remain private. For instance, sharing frustrations about the divorce process, venting about your spouse’s attorneys, or discussing upcoming court dates could provide the opposing party with insights into your mindset and plans.
Financial Transparency and Property Division
Posts highlighting expensive vacations, luxury purchases, lavish gifts to others, or sudden financial gains can undermine claims made during financial disclosures. In a divorce, each spouse is required to declare, or reveal, all assets. However, that does not always mean both spouses follow this requirement. Social media posts that reveal unexplained assets or extravagant spending may serve as evidence of “hidden” marital property or a “waste” of marital assets. For instance, a photo of a recently purchased new car may contradict a party’s claim of financial distress, prompting the court and opposing party to investigate further.
Spousal Maintenance
Social media can also influence the amount, duration, and terms regarding spousal maintenance, including whether spousal maintenance is paid at all. The court and opposing party may use posts to assess the truthfulness of claims regarding financial need or inability to earn enough income. For example, someone seeking spousal maintenance due to a physical condition may accidentally damage their claim by posting about competing in a marathon.
Child Custody and Parenting Time
When deciding any issue regarding children, the court focuses on the children’s well-being. Social media can provide insight into parenting behaviors. Posts or photos showing reckless behavior, substance abuse, or interactions with inappropriate individuals could influence custody and parenting time decisions. Even seemingly harmless comments about a new or current romantic partner, or frequent travel, could lead to questions about a parent’s availability or stability.
Best Practices for Social Media Use During Divorce
- Avoid Posting About the Divorce: Do not share any details about your case, your feelings about your spouse and their attorneys, or anything that happens in the courtroom.
- Strengthen Privacy Settings: Limit who can view your social media profiles and remove followers or friends who may share content with your spouse and their attorneys.
- Think Before You Post: Assume that anything you post can be seen by your spouse, their attorneys, and the court, even if your account is private.
- Limit Usage: Reduce your overall activity on social media and online presence during your divorce.
