In today’s digital world, social media plays a central role in our lives. However, when going through a divorce, what you post on social media can become more significant than you might expect. Many people assume their social media accounts are “private” and protected from scrutiny during divorce proceedings, but the reality is that your posts can be accessed and used as evidence in court.
1. “Private” Does Not Mean Hidden
Even if your accounts are set to private, this does not guarantee that your content is off-limits in a legal setting. Courts can subpoena social media records if they are relevant to the divorce proceedings. For example, if one spouse suspects the other of hiding assets or engaging in behavior that could affect custody arrangements, social media posts may provide evidence to support those claims.
2. Be Mindful of What You Share
Any posts about finances, new purchases, relationships, or activities could impact your case. For example, posting about a new job or a significant purchase might be used to question your reported financial needs or assets. Similarly, if you are involved in a custody dispute, photos or posts that could be interpreted as risky behavior may affect the outcome of your custody arrangement. A general rule is to avoid sharing any posts that could be misinterpreted or used against you.
3. Avoid Venting About Your Divorce
It can be tempting to share your feelings about the divorce on social media, especially during emotional moments. However, negative comments about your spouse or the divorce process can backfire. Courts do not look favorably on hostile or inflammatory posts, especially if they reflect poorly on your ability to co-parent. If you need a safe space to process your feelings, consider talking to a counselor or close friends privately instead of posting online.
4. Avoid Discussing New Relationships
If you begin dating during or after your divorce, it is usually best to keep it off social media. Posting about a new relationship could complicate the divorce proceedings, particularly if spousal support, custody, or visitation rights are at stake. New relationships may be used as evidence if they have any bearing on these aspects of your case, even if you think the relationship is irrelevant.
5. Change Your Privacy Settings – But Stay Cautious
Adjusting your privacy settings on social media can help reduce unwanted visibility, but it is not foolproof. Even with stricter privacy settings, mutual friends or acquaintances could share your posts with your spouse or their legal team. Additionally, if your spouse has access to your accounts, consider changing your passwords to maintain privacy.
6. Think Before You Post
Before posting anything during a divorce, ask yourself how it might look to an outside party or if it would be appropriate for a judge to view. The “think before you post” rule can prevent impulsive posts that may later be used as evidence. Remember, what feels like a harmless update could have unintended consequences.
Consulting With a Family Law Attorney
Social media has a surprising influence on divorce cases, and missteps can complicate matters or negatively impact outcomes. At Irwin & Irwin, we understand how social media and technology intersect with family law and can advise you on best practices to protect your interests. Contact us for guidance on navigating your divorce in a way that minimizes risks and helps you achieve the best possible outcome.
