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CAUTION: Divorce & Social Media Do Not Mix

By | - June 21, 2022

Steve Benmor is a recognized divorce lawyer, family mediator, arbitrator, speaker, writer and educator. Mr. Benmor has worked as lead counsel in many divorce trials, held many leadership positions in the legal community and has been regularly interviewed on television, radio and in newspapers as an expert in Family Law.

Social media has become a minefield of evidence to prove the poor conduct or financial behaviour of a divorcing spouse. After all, there is no easier way to prove that someone does not need spousal support than showing a judge an Instagram post of the ex-spouse who is claiming financial hardship driving a fancy sports car or traveling to exotic vacation destinations. Then there is the parent who denies drinking alcohol or smoking marijuana, but who is tagged in Facebook party photos by their friends doing these very things on a night they have parenting time.

Those going through a divorce often use social media as a medium to connect with their family and friends and a platform to show their friends and family what they are up to. Sadly, this can result in the disclosure of details that can destroy their divorce case.

Separating spouses must avoid any type of social media post that may negatively affect the outcome of their case.

Use these tips to prevent social media damage to your divorce case:

Do Of Divorce & Social Media
  • Save pictures of any new partners for your private (and no one’s public) enjoyment until your divorce is resolved.
  • Be wary of new followers or friends you don’t recognize. Ex-spouses have been known to friend or follow in disguise in order to gather evidence.
  • Imagine that anything you post online could be reviewed by a judge.
  • Update your passwords to ensure you’re the only one with access to your accounts.
  • Instruct your family and friends to not tag you in posts. Change your social media account settings to require your approval before you are tagged.
  • Block your ex-spouse and their circle of family and friends.
  • Refrain from posting any videos or photos of yourself until your divorce settlement/judgment is complete.
  • Refrain from posting negative commentary about your ex-spouse, their family/friends, or your divorce proceedings.
Don’t Divorce & Social Media
  • Believe you’re covered by your social media account’s privacy settings. In certain circumstances, judges can create orders to review social media accounts.
  • Sign into your ex-spouse’s social media accounts, even if you know their password, tempting though it may be.

Social media has been used in thousands of cases to defeat ex-spouses. Exercising restraint and social media savvy in the short run pays off in the long run.

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