Going through a divorce is a difficult process. Many people turn to social media for support, but your online activity can significantly impact your case.
Posts, photos and “likes” may be used as evidence in social media in divorce proceedings. What you share publicly can affect financial settlements, asset division and other critical outcomes.
How social media in divorce proceedings becomes evidence
Lawyers on the opposing side often look at public social media profiles. They search for information that contradicts your claims.
For example, if you state you have limited income but post photos of an expensive vacation or a new purchase, that post can be presented to a judge. These posts can undermine your financial credibility.
What to avoid posting during a divorce
Assume anything you post online can be seen by your spouse’s attorney. Even private messages or posts in “private” groups may be discoverable. Avoid posting:
- Complaints or negative comments about your spouse or the judge
- Photos or discussions of large purchases
- Details about a new romantic relationship
- Check-ins at expensive restaurants or vacation spots
- Anything that contradicts your financial statements
This digital footprint can be challenging to erase.
Protecting your privacy online
The simplest strategy is to stop posting on social media until your divorce is final. If you cannot stop, secure your accounts. Update your passwords immediately. Your spouse may know your old passwords and could log in to read your private messages or post damaging content pretending to be you.
You should also review and maximize your privacy settings on every platform. This limits access for “friends of friends” who could screenshot your posts and send them to your spouse.
Finally, be cautious about new friend requests. Opposing counsel or private investigators sometimes use fake profiles to gain access to your “private” posts. Do not accept requests from people you do not personally know.
Beyond your posts: The digital impact
Remember the risks are not just about your own actions. Friends and family may tag you in photos or post comments about your situation. These third-party posts can also find their way into court.
The complex nature of digital evidence in social media in divorce proceedings highlights the need for careful strategy, especially when significant assets or a business are involved. If you are concerned about your digital footprint, consider speaking with an attorney about your specific circumstances.