A celebratory announcement about a promotion at work. A smiling photo of a night out with friends at a new bar that opened in your neighborhood. A post detailing the hard week you had when your child was misbehaving at school. You might not think twice about posting any of these on social media to share what is going on in your life with your friends and family. But when you’re going through a divorce, what seems like innocuous or even positive information can be used as evidence against you in court.
Spouses who are divorcing frequently disagree about issues of property division, spousal support, child support, and child custody. To the extent that social media posts contain information that is relevant to issues in dispute in the divorce, such as their financial status or their ability to provide a stable environment for their children, they can be admissible as evidence in court. In addition, hostile or derogatory posts toward an ex on social media can escalate conflict and will be viewed unfavorably by a judge, potentially influencing decisions on property division or child custody. Understanding the legal impact of social media posts in divorce can illuminate the potential consequences of careless posting.
- How Posts Affect Divorce Outcomes
- Social Media Posts as Evidence
- Public Feuding on Social Media During Divorce
- Frequently Asked Questions
Need guidance in order to avoid social media pitfalls in your divorce?
How Posts Affect Divorce Outcomes
Social media can provide a wealth of revealing information about an individual that they may not realize is directly relevant to their divorce case until they are confronting their posts as exhibits in court. This is especially true if what they share online contradicts their disclosures or testimony in the case. Issues potentially affected include:
- Property Division: Photos of new luxury purchases or high-value items that were removed from the marital home or posts about investments that weren’t shared in required financial disclosures could hint at hidden assets.
- Spousal Support: Posts about getting a raise at work or about a side job that wasn’t disclosed could affect the amount of support the supported party is eligible to receive or the supporting party is required to pay. Photos showing that an ex-spouse has moved in with a new romantic interest can be used to argue that they are cohabiting, potentially reducing or eliminating spousal support.
- Child Support: Status updates or photos showing extravagant spending at high-end restaurants or on lavish vacations can undermine claims that a parent is unable to pay child support.
- Child Custody: Frequent pictures of questionable behavior such as drinking alcohol or posts and comments detailing a violent or hopeless mental state could be used to argue that a parent is unfit to have custody or visitation rights.
It can be easy to underestimate how much information can be gleaned about your actions, location, and spending habits from what is shared on social media and how it might be interpreted by the court. To avoid inadvertently sharing damaging evidence your ex can use against you, it is best to err on the side of saying nothing.
Social Media Posts as Evidence
Most Americans use multiple social media platforms, from Facebook and Instagram to X (formerly Twitter) and TikTok, and any information posted to those platforms could become fair game if it is relevant to a divorce case. This can include status updates, photos, videos, location information/geotagging, direct messages, comments, “likes,” and more. Messaging on apps like Snapchat and WhatsApp or payment history on apps like Venmo can also be used as evidence. Even if an account is set to “private,” an individual can still be required to produce information in response to a court order, so it is best to treat anything you share as if it can be seen by anyone—not just family and friends.
Unfortunately, digital tools to alter or fake images are becoming both more sophisticated and more accessible, raising the fear that social media “evidence” presented in court could be falsified. However, digital forensics experts can collect and preserve evidence in formats that include the underlying metadata to show that it is legitimate. Courts are unlikely to unquestioningly rely on social media screenshots as evidence, and an experienced family law attorney will advocate strenuously to exclude information that has not been rigorously authenticated.
One common mistake people make is panicking and going back through their social media history to delete any posts that could be construed as incriminating or unflattering. Not only does that not guarantee the information is gone (deleted posts may be recoverable through digital forensics), it can also be considered spoilation (destruction) of evidence, and the court may be more inclined to negatively interpret what that post or photo means if they think you were trying to hide it. Before removing any information from a social media account, it is best to consult with your family law attorney.
Public Feuding on Social Media During Divorce
When feelings are running high during a contentious divorce, parties may lash out on social media at one another with untrue, defamatory statements or use it maliciously in relation to the divorce. In these situations, a judge can impose a gag order preventing the parties from sharing confidential information, making negative comments, or publicly discussing the details of the divorce. If either party violates the order, consequences can include fines, being held in contempt of court, or even jail time.
This type of hostile online behavior will only increase conflict and make it harder to negotiate a divorce settlement. Rather than responding in kind if your ex-spouse attacks you on social media, you should contact your attorney immediately to explore legal remedies to rein them in.
Helping You Navigate Social Media Issues in Divorce in Silicon Valley
Unwise social media posting can put ex-spouses under an unforgiving microscope in divorce court. The experienced family law attorneys at Hoover Krepelka can provide expert guidance based on your individual circumstances to help you avoid damaging your case and to work toward the best possible outcome. To schedule your consultation, fill out the form below today.
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FAQs
How can social media posts impact divorce proceedings?
Social media posts can impact divorce proceedings by providing evidence of behavior, finances, or custody-related issues that may influence court decisions.
What types of social media posts are commonly used as evidence?
Posts, photos, videos, or messages showing financial activity, child custody matters, or inappropriate behavior are commonly used as evidence in divorce cases.
Can deleted social media posts still be used in court?
Yes, deleted social media posts can still be retrieved and used in court through specialized software or backups.
How do I know a social media post used as evidence is real?
To verify the authenticity of a social media post, it must be properly authenticated through timestamps, account ownership, or witness testimony confirming its origin.
