Social Media Best Practices During Divorce

Social media has quickly become a part of our lives, so much so that we hardly even realize we are engaging with it. But if you are going through a divorce, take notice. Facebook, Instagram, Twitter, LinkedIn, dating apps, etc., are all fair game for gleaning evidence against you in court.

In 2010, the American Academy of Matrimonial Lawyers surveyed family law attorneys and found that four out of five used social media as evidence in a divorce case, with Facebook leading the pack. Almost twelve years later, that number is likely closer to five out of five.

While one cannot delete past evidence, one is encouraged to refrain from publicly engaging in social media during the divorce process. So, what exactly is your spouse and their attorney seeking to uncover? Here is evidence that can be uncovered on social media and used against you in your divorce:


Financial Data

You can no longer be so quick to post about that great new job, gig, or purchase. Hold off on those luxury beach vacay selfies. Even gourmet food pics at fancy eateries can come back to haunt you. Your ex and his or her lawyer are looking for precisely this to prove your financial health and ability to support yourself without concessions on their end. Marital assets, alimony payouts, retirement divisions, and child support obligations can all be impacted if it appears that you are doing financially well. If you have a significant other and any of your posts imply that you are sharing in his or her wealth—think extravagant vacations, shared living arrangements, large gifts such as automobiles—this can all skew a judge’s calculations as to your financial needs.


Relationship Data

Keep your relationship status private until your divorce is final. Proof that you are in a relationship can impact financial outcomes, custody arrangements, and visitation schedules. If you are in fact in a relationship, be discreet, and ask your friends not to tag you in photos.


Proof of Illegal or Immoral Behavior

Ask your friends and family not to tag you at all, anymore. Opposing counsel will seize upon any photo of you seemingly partying, drinking, or engaging in other potentially “immoral” or “untoward” behavior. This can be particularly harmful to your goals regarding custody and visitation. If a judge construes posts of you as “promiscuous,” or “irresponsible,” they may choose to limit your access to minor children and favor your co parent. Even innocuous gatherings and poses can be misrepresented or misconstrued, so the safest bet is to cease sharing, at least until the final decree is issued.

While the intensity of opposing scrutiny should wane following the final divorce decree, you will need to remain vigilant. Modifications to alimony and child related matters can still be sought by your ex. With social media interactions near constant, multi sourced, and easily accessed, it is important to know that anything you post online can be used against you in divorce court. So, be mindful of your posts, or take the divorce process as an opportunity to unplug from social media.

If you have questions about divorce, please contact TNS Family Law at (410) 339-4100 or Our team of attorneys is here to help guide you.

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