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Be careful what you post online amid divorce

Social media can make any marriage seem like a fairytale. However, a couple’s highlight reel doesn’t always tell the full story.

When some spouses dissolve their marriage, they may remain active on social media during their proceedings. But with the intense emotions that can come with divorce, some may post things they later regret. Unfortunately, this can cost them their bargaining power during settlements.

Partners may use posts as evidence in court

If you’re in a high-conflict divorce that ends up going to court, your partner could use certain things you post online to paint you in a negative light. According to the National Law Review, social media posts can count as “admissible evidence.” That evidence can come in the form of status updates, photos, photos you’re tagged in and other traceable online behaviors. In some cases, texts and direct messages can be used as well.

What should I avoid posting?

Stay off social media if you can. If you don’t, you may want to:

  • Avoid posting pictures with alcohol: Divorce can take an emotional toll on anyone. And while blowing off steam can be beneficial, you don’t want photos of you and your friends out at the bar on Facebook. If your spouse/ex-spouse sees the picture, they could use them to present you as irresponsible and careless. If you have kids, this could affect the judge’s perception of your parenting abilities.
  • Avoid posting about luxury items: If you recently got a raise and purchased an expensive gift to celebrate, it can be tempting to share it with others online. However, if you’re in the middle of negotiating spousal maintenance or child support, displaying these luxury items could mean the judge may order you to pay more.
  • Avoid posting deceiving information: Some people start actively dating during divorce. If you choose to do this, be mindful of the information you’re putting on your profile. Even if it’s slightly stretching the truth, it could be held against you.

Online content can last forever

Divorce can be an emotional time in anyone’s life. And while it may be tempting to express those emotions online, anything you upload to social media can be permanent. If you have questions regarding social media use during your divorce, an experienced family law attorney can address your issues.


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