Can Social Media Affect My Divorce?

Many of us share our personal lives on social media. If you’re getting a divorce, it may seem normal to share this, too. But be careful. Until the divorce is final, anything you post on social media or send emails can and likely will be used against you.

Here are some social media rules we suggest you follow when getting a divorce.

Don’t badmouth your spouse. Your need to vent is understandable. But social media is not the place.  Even if you think your soon-to-be-ex is horrible, telling the world online will only hurt your cause. 

Be careful about being tagged in photos. Even a picture that may not seem inappropriate at the time could come back to haunt you. For example, if you appear in a photo consuming alcohol on a night when your kids were with you, it could be used as evidence that you aren’t a fit parent. Even if the kids were with a trustworthy babysitter while you were out and you took an Uber home, your spouse’s attorney could try to use this against you. To help avoid such a situation, update your privacy settings on all social media accounts. For instance, on Facebook, be sure to set your settings so that no one can post and tag an image of you without your approval. 

Don’t contradict your arguments. When you’re in the process of dividing assets or determining spousal or child support, you don’t want to send the wrong message. If you’re claiming you aren’t making enough to pay what your spouse is asking for yet have photos online of yourself on a lavish vacation, it could undermine your argument. 

Don’t post anything that can work against you. If your posts are inconsistent with your legal documents, you could be in trouble. Always assume that your spouse’s attorney or others may be looking at your social media and could use it to help their case.  Don’t give them anything they can use. 

A few other practical tips include:

  • Change all your email and social media passwords. Yes, all of them. 
  • Create a separate email account just for messages related to your divorce.
  • Don’t post anything or tag a post you wouldn’t mind sharing in court. 

Failure to follow these simple rules may undermine your mediation, cause your litigation to drag out, affect custody of your children, and even cost more money in the long run. Do yourself a favor and be cautious with your online activity during a divorce. 

If you have questions about how social media can affect your divorce or are considering divorce and would like to discuss your options, please contact us at 253-844-4412 or via email for a consultation.

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