How Facebook Can Hurt Your Divorce Settlement

How Facebook Can Hurt Your Divorce Settlement

Going through a divorce is often a challenging time for everyone involved. For some people, if things go sour, they want to take to social media to voice their concerns. Some people express and share what’s going on in their lives on Instagram or Facebook, but is that really the smartest thing to do during a divorce proceeding? Social media is tricky to navigate in this situation. Here are our top 5 ways Facebook can hurt your divorce settlement.

1. 1. Social Media Posts Can Be Used as Evidence

Anything you post on social media can be admissible in court[5]. Your partner’s team can use your social posts against you if they have the merit to do so. For example, if you post pictures of yourself partying or drinking excessively, your ex-spouse could use that as evidence to show that you are an unfit parent[1]. Similarly, if you post about a new job or a raise, your ex-spouse could use that as evidence to argue that you should be paying more in child support or alimony[2].

1. 1. Social Media Can Be Used to Paint an Unfavorable Picture of a Spouse’s Character

Any and all forms of social media activity can be leveraged by an enterprising divorce attorney. The documented activity can be used to support a narrative that a spouse:

1. 1. • Has not provided for their family and spouse according to their full means
      • Is engaged in habitual substance abuse, such that they are irresponsible or perhaps even a danger to themselves and others
      • Are frivolous with money, such as by posting pictures of expensive purchases or vacations while claiming to be unable to pay child support or alimony[6]
   2. Social Media Posts Showing Romantic Involvement with Another Person

Social media posts showing a spouse romantically involved with another person can be damaging evidence against them to prove specific fault grounds for divorce[3]. Attorneys don’t have to try very hard to access publicly available posts, including comments, images, and videos shared on social media sites. It’s usually at their fingertips, and this information could be used as evidence against you in court[3].

1. 1. Deleting Social Media Accounts or Posts

It is generally advisable when a divorce is imminent to restrict your account from being publicly viewable and immediately stop using all forms of social media[6]. However, deleting your social media accounts or posts can also be used against you in court. It can be seen as an attempt to destroy evidence or hide something[5].

1. 1. Social Media Can Be Used to Discredit Testimony

Your social media posts or usage can negatively affect your divorce when they imply or reveal an inaccuracy in the documents and testimony that you have put forth in your case[6]. For example, if you claim that you cannot afford to pay child support, but you post pictures of yourself on vacation or buying expensive items, your ex-spouse could use that as evidence to discredit your testimony[6].