How To Handle Social Media During a Divorce

During a complex divorce process, you may want to relieve stress online by sharing your story or looking for advice. Social media activity can help you stay connected with friends and family members. However, your ex-spouse can use your posting to hurt your divorce case.

Limit your social media activity during a divorce to protect your reputation. If you have concerns about social media posts, talk to a divorce attorney for legal advice.

Legal Implications of Social Media During Divorce

Many people use social media as part of their daily life. Posting your updates or tweets or responding to posts may not seem like a big deal. However, in a contentious divorce, any social media can be used against you. When you post photos online, your ex can use them to hurt your divorce case involving:

• Property division
• Spousal support/alimony
• Child custody

For example, in a dispute over alimony, your ex can use your social media posts to show your financial situation. If you claim you don’t have enough money to support yourself, posting pictures of lavish vacations or luxury purchases can hurt your case. Even if the court takes the posts out of context, it can be a bad look when you go before the judge.

How Social Media Can Impact Divorce Proceedings

The most serious issues generally involve child custody disputes. When parents cannot decide on a parenting plan, the court will decide primary custody and visitation rights. In child custody cases, the court makes decisions based on the best interests of the child.

The court can review all evidence to decide what is best for the child’s well-being, including social media profiles. Examples of harmful social media activity include:

• Alcohol abuse or drug use
• Negativity to the child’s other parent
• Putting the child at risk of harm
• Showing an unsafe home environment

The court considers several factors in determining child custody, including how the parents communicate and act as co-parents. Complaining about your ex online will not help your case. Divorce can be a traumatic experience. You may say things you would not usually say and post them online. The court takes it seriously if you are making threats against the other parent.

Family law courts want to ensure the child is safe and cared for. Posting photos of partying at your house, drug abuse, or an unsafe home will make the court think twice about awarding custody. Posts showing reckless behavior or dangerous driving can also be a risk for child custody.

Protecting Your Privacy on Social Media

Many people have second thoughts about posting a harmful picture, post, or video. Deleting the post does not erase the damage done. Another person could have taken a screenshot of the Snapchat or TikTok post to use as evidence in court.

A court can require either spouse to provide their social media accounts and obtain a warrant for prior posts. In serious cases, the court can also order the social media company to turn over records.

Make sure you keep any posting private. If you and your ex have mutual friends, they can see when you post pictures that put your ex in a negative light. Understand the privacy policies of social media platforms and adjust them to keep your account confidential. Turn off location tracking to keep your whereabouts private.

Tips for Mindful Social Media Use During Divorce

The best tip for mindful social media use during your divorce is to avoid social media activity. If there is any question about whether a social media post is positive or negative, err on the side of not posting. Limiting social media activity can also help you focus on your family during these difficult times.

Privatize all your accounts as much as you can. Use the privacy settings to limit tracking and who can see your activity. Unfriend or block anyone who may hurt your divorce case by posting photos or activities about you. Update your passwords and use stronger passwords to limit unauthorized access.

Legal Help During a Difficult Divorce

A family law attorney can help you build a strong case for your divorce. Your attorney can also access your former spouse’s social media activity to support your case. Contact a divorce lawyer for advice about handling social media during a divorce.