Can Your Social Media Posts Be Used Against You in Divorce Court?

Many people use social media every day to keep in touch with friends and family. While these platforms can also be a place to vent and share opinions, it’s important to keep in mind that social media and divorce can be a problematic combination. Even if you use privacy settings, your comments, photos, status updates, and reactions can be uncovered by your spouse’s attorney during the discovery process. These posts can be used as evidence to portray you in a negative light when it comes to issues such as property distribution, spousal support, and child custody matters.

How Can Social Media Be Used Against You in Divorce Court?

From uncovering hidden assets to revealing financial misconduct, proving infidelity, and demonstrating parental unfitness, there are various ways social media can be used as evidence in divorce court. Specifically, social media can harm your divorce case in the following ways:

• Property division — Posts about new acquisitions or lavish spending can be used by your spouse to argue that you have depleted marital assets and potentially impact the court’s decision on property division.
• Spousal support — Photos of luxury purchases or lavish vacations can contradict claims of financial hardship or suggest you don’t need the spousal support you are requesting,
• Child support — Child support is based on the financial capabilities of both parents. If social media posts suggest that a parent has not fully disclosed their assets, this evidence may be used to further investigate the parent’s financial situation.
• Child custody — Social media posts that depict substance abuse, illegal activities, partying, or aggressive behavior can be used to demonstrate parental unfitness in a child custody dispute.

Not only can publicly posting on social media about divorce negatively affect your case, but private messages can also be used as evidence if they are relevant. For example, hostile communications between you and your spouse can demonstrate an unwillingness to cooperate. This can influence a judge’s decisions concerning issues such as child custody and property division.

Avoiding Social Media Pitfalls During Divorce

A common pitfall when it comes to social media and divorce is not updating your login credentials. Even if you don’t think your spouse knows your password, it’s a good idea to change it. This can protect your privacy moving forward and prevent unauthorized access.

Other pitfalls that can arise in connection with social media and divorce include:

• Oversharing personal information
• Publicly feuding with your spouse
• Making disparaging comments about your spouse
• Posting about financial matters
• Flaunting a new relationship
• Revealing the legal strategies in your case

In a contested divorce, your spouse’s attorney may look for posts that show any inconsistencies to contradict your claims, as well as posts that reflect poorly on your character. Critically, posts that depict alcohol or drug consumption, inappropriate behavior, and excessive spending may be closely scrutinized.

How to Handle Social Media and Divorce

The best way to handle social media and divorce is to not post while your case is ongoing. Anything you publish on Facebook, Instagram, TikTok, and other platforms during divorce can be misconstrued by the other side. If you were an active user, you might consider taking a break and deactivating your account temporarily. This can help ensure you avoid the temptation to post anything that could harm the outcome of your case.

Significantly, cleaning up your profile and deleting any posts (or your entire account) can be a mistake. Not only can old posts be recovered through digital forensics, but selectively deleting anything that could be negatively interpreted may lead the other side to argue you have something to hide. It can also constitute spoliation of evidence if the divorce action has already been commenced — and subject you to potential penalties.

If you do decide to continue using your social media accounts during divorce, it’s crucial to proceed with caution. By taking a few simple measures, you can reduce the risk of complicating your case. Be sure to update your privacy settings to the highest levels and avoid posting anything negative about your spouse. You should also be mindful of who you accept friend requests from, and ask friends and family members not to post about your case. By monitoring your account regularly, you can ensure you are not tagged in any posts that could hurt your case.

Contact an Experienced Missouri Divorce Attorney

If you have questions about social media and divorce, it’s essential to consult with an experienced divorce and family law attorney who can best advise you regarding the impact on your case. Divorce and family law attorney Mark A. Wortman offers trusted representation to clients in the greater Kansas City, Missouri area for divorce and family law matters. To schedule a confidential consultation to learn how he can assist you, please contact him today online or by calling (816) 523-6100.