If you are going through a divorce, it is important to understand that it is a serious legal process. If you and your spouse go to court, anything you say or do in real life or on social media can be used as evidence against you. Curating your online activity is essential.
Your social media presence can help you meet your objectives in divorce. It can also work against you or your spouse. Talk to one of our firm’s experienced lawyers about how social media can impact a high-asset divorce case.
Many people use social media to highlight their social and recreational activities. You should understand that any of your posts could be taken out of context and scrutinized. If a complete break from social media during your divorce proceedings is not feasible, be mindful of how others might perceive your posts.
If you and your spouse are in conflict about spousal or child support or are disputing net family property calculations, it is likely that your spouse’s lawyer will review your social media accounts. If you are posting about expensive vacations, costly hobbies or fancy nights out, they could use this as evidence to insinuate that you have an abundance of available funds. Similarly, your divorce lawyer is interested in your spouse’s social media posts and could gather evidence from their feeds that supports your position in your lawsuit.
Divorces tend to exacerbate people’s worst behavior. You and your spouse may not treat each other very well during the proceedings. No matter how bad your spouse’s behavior, do not complain about it on social media.
If your spouse, child, or acquaintance complains about you on their feed, get a screenshot if you can, but do not comment or engage with the post. Instead, show the post to your divorce lawyer, and let them decide how to reply—if a response is necessary—and how it could influence the case.
Social media is not the place to argue personal disputes. If a judge must decide any issue in your divorce—from equalization to decision-making responsibility—they will review social media activity entered as evidence, which can influence their decision. Do not provide a reason for a judge to develop a negative opinion of you.
Posting about your children can be a sensitive topic at any time, but especially when you are in the middle of the divorce process. Ideally, you and your spouse will have already established ground rules about posting images and updates of your children on social media. Continued adherence to those rules is usually wise.
If you intend to post content about your children, get their permission first. They may be sensitive about appearing to favour one parent over the other and may not want to appear in your social media feed, even if they did not object in the past. Respect their current wishes.
Your activity on social media can impact your divorce in numerous ways, which can help or hurt. Be aware and post accordingly.
Our lawyers at The Riley Divorce and Family Law Firm could review your social media profiles with you, explain how your activity can impact your high-asset divorce and recommend best practices going forward. As you could lose a considerable amount, experienced legal representation is critical, so contact our team today.
Paul Riley Law Office