Attorney Katherine Kraus

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in Peoria!!!

How social media can impact your divorce

On Behalf of | Jan 23, 2025 | Divorce

Social media has become a part of everyday life for the majority of American adults. Despite this normalization, however, online activity can inspire significant consequences during a divorce. As a result, if you and your ex are going your separate ways, it is going to be important for you to be informed as you make decisions about how you’re going to behave online until your legal situation is fully resolved.

Ultimately, whether it’s a Facebook post, an Instagram story or a post on X, what you share online can be used to influence court decisions about property division, child custody, alimony and more. As such, understanding how social media can affect your divorce, both positively and negatively – and adjusting your approach accordingly – is going to be important when it comes to protecting your interests during this consequential time. 

Potentially negative and positive impacts 

Anything you post online can be used as evidence in your divorce proceedings. For example, if you claim financial hardship but post pictures of luxury purchases, vacations or lavish events (even if others made great sacrifices so that you could participate and you didn’t spend a dime), it can undermine your credibility. Additionally, posts that could be interpreted as evidence of inappropriate behavior can be used to question your fitness as a parent in the event that you and your ex end up embroiled in a custody dispute. 

To this end, it is important to understand that even if your accounts are private, courts can subpoena social media content. Friends or followers may also share your posts, making them accessible to your ex-spouse or their attorney. As such, it is likely going to be wise for you to “log off” during your divorce. This can be tough, but erring on the side of caution at this consequential time is likely going to be to your advantage. 

With that said, if you and your ex are not divorcing amicably, it is worth keeping in mind that their social media can potentially work in your favor. Posts from your ex-spouse that contradict their claims in court can strengthen your case. 

At the end of the day, you’ll need to assume that anything that you – and your spouse – post online could impact your divorce. As such, staying off social media for now, and keeping a quiet watch on your spouse’s accounts, may be the most viable approach. 

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