It is nearly impossible in today’s world to find someone who doesn’t use social media. Many of us have multiple social media accounts, which we use to interact with friends or share our thoughts and opinions on topics. Many spouses also use social media as a convenient communication tool. However, divorcing couples may not realize that their social media can be used against them when negotiating the financial aspects of a divorce.
Social media’s role in a divorce proceeding
It is important to recognize that nothing posted on social media is truly private. It is also safe to assume that anything posted on social media could be read by a judge one day. Even if divorcing spouses block one another from their social media accounts, their friends and family often still have access to their posts and report back to the other spouse on their activities.
For example, a spouse may claim they do not have enough money to pay child support, but then post on a social media account about recently receiving a raise at work. Most divorces also required each spouse to sign a sworn statement detailing their financial resources, assets and debts. Social media posts can be evidence that false information was provided on this statement.
Although it may be difficult, many experts say the best decision is to avoid social media entirely while a divorce is pending. If that is not practical or realistic, maintain strict privacy settings and do not post anything without the assumption that it is public and retrievable by anyone, at any time.
Social media posts, text messages, text messages and any other form of written communication are generally admissible as evidence in court proceedings, subject to certain exceptions. If you are concerned that your social media posts could harm the outcome of a pending divorce proceeding, a family law attorney can answer questions and provide helpful clarification.