Divorce and Social Media: What to Post, What to Avoid, and Why It Matters

Divorce and Social Media: What to Post, What to Avoid, and Why It MattersWhat kind of things do you share on your social media? Like most people, you probably share your life updates, like when you buy a new car or if you’re at a fantastic party with friends or on an amazing vacation. What if I told you that sharing any of these things on social media could work against you during your divorce? 

It’s true. Since social media became mainstream in the late 2000s, content people share online has been used in legal proceedings worldwide—and divorce court is no exception. As an experienced Family Law Attorney with over two decades of experience, I’ve seen firsthand how often someone’s social media activity can unwittingly get them in hot water during their divorce proceedings, actually working against their case. 

Even if you aren’t using social media to make disparaging remarks about your ex, what you post online—even on a “private” account—can appear in court and have lasting consequences for the outcome of your divorce. In this blog, I share my perspective on navigating social media wisely during your divorce to avoid some of the unintentional mistakes I’ve seen many people make over the years, ensuring you won’t regret it later.

Your Social Media is a Digital Paper TrailOne of the main reasons I advise my clients to exercise extreme caution when using social media during their divorce is that every post, story, or video shared on any platform creates a paper trail and can serve as evidence in divorce proceedings. This evidence can significantly affect the outcome—and may not always be in your favor. 

Even if you aren’t sharing emotional ramblings about your divorce, your social media presence can still impact your case during the process. For instance, if you’re seeking 50/50 custody of your child but are regularly posting about weekend getaways and going out to parties, this creates documented evidence that you may not be suitable for the custody you desire, as it suggests you aren’t often at home and are often engaged in other activities. Even if you would alter your habits upon receiving your desired custody arrangement, these documented activities could sway the judge, ultimately harming your case.

No one is immune to these factors, either. If you glance at any tabloid magazine, there’s usually some celebrity undergoing a messy divorce—and their social media presence is often brought into evidence. 

Best Practices for Social Media During DivorceTaking a break from social media is typically considered the best action during a divorce to avoid sharing anything that could jeopardize your case. However, I recognize that in today’s world, taking a complete break from social media may not be feasible for you for various reasons. If you choose to keep your accounts active during your divorce, here are a few best practices: