Social Media and Divorce: Beware of Pitfalls

There is no denying that social media has permeated our culture.  When it comes to divorce, social media can be a tricky world to navigate.  In fact, studies have actually shown that social media use has actually led to an increased risk of divorce.  Social media is addicting and many people that spend hours checking in on social media friends and their lives often end up neglecting their real life relationships which puts a significant strain on a marriage.  And now, social media can be used during a divorce which may mean nothing for some, but may be filled with pitfalls for others.

While many people think a wedding is expensive, it is important to realize that divorces are incredibly expensive as well.  Many divorces are contentious and when dealing with strained relationships and a lot of money, everything – including social media use – is on the table.  Today, your social media use and the things you have posted on social media can be used during divorce proceedings.  It may be easy to post things on social media without truly thinking it through or considering the long term ramifications because social media has become such a normal part of our culture but in fact, those things can come back to haunt you when going through a divorce.  Forbes explains just how social media use can come back to bite you during a divorce, “Married couples often have dozens of mutual friends and connections. If the marriage breaks up, obviously some of these people will be more loyal to one spouse than the other. I’ve had more than one client report a steady stream of information about her estranged husband’s financial activities, as relayed by mutual friends who were still following his Facebook updates. So, even if he’s blocked you from seeing his posts directly, your mutual friends can still tell you all about the ski trip he took to Switzerland with his girlfriend a week after claiming he couldn’t afford to pay spousal support.  Yes, we can definitely add social media activity to the list of signs that your husband may be hiding assets during divorce. Sometimes it isn’t the husband’s online activity that gives him away, but his friends’.  Maybe your husband’s pals shared pictures of their trip to Vegas in his new BMW, or his girlfriend updated her Facebook status to exclaim over an expensive present, when he just pleaded in Court that he’s broke. Or maybe a college friend of his suddenly appeared in pictures with a “new” boat – one you recognize as your husband’s, and suspect that this pal is holding it for him until your divorce is finalized. If you think your husband may be hiding assets, social media activity might well bear out your suspicions.”

Because everything you post on social media can be used during divorce proceedings, there are some precautions you should take if you regularly use social media.  First, consider taking a social media break.  You can always open your social media profiles back up after your divorce.  This is truly the best option during a divorce and will help reduce any ammunition that can be used against you.  If you plan to continue social media use, truly weigh what you are going to post.  Set very tight security settings on your social media accounts so that only the exact people that you want to see your account can see it.  It is important to consider that if you and your spouse had mutual friends they may tell your spouse about things they see on your social media profiles.  So, even if you are no longer “friends” with your spouse on social media, that does not necessarily mean that they will not be able to get information from your profile or posts. Even seemingly benign postings may haunt you down the road.  Beware of posting pictures of yourself at social gatherings or “checking in” at any locations because it provides a timeline of your activities.  If you say one thing in court and post something completely contradictory on your social media profile during your divorce, it could cause significant problems during your divorce proceedings.  Before posting anything think about whether or not you would want the judge to see it.  Social media may seem harmless but today it can be used during divorce proceedings making it necessary to carefully manage your social media profiles to ensure your divorce goes as smoothly as possible.

About Oliver Ross

Oliver Ross, JD*, PhD founded Out-of-Court Solutions Inc. in 1995 and since then has mediated over 3,000 divorce and family matters. He is a select member of the Maricopa Superior Court Family Mediation roster