Can social media posts be used as evidence during a divorce?

It is natural to share parts of your life on social media, even when you are going through a contentious divorce. While it may be cathartic to vent how you are really feeling about your ex-spouse online, it can come back to haunt you if something you said is presented as evidence in court. 

There are numerous examples of social media posts being used as evidence when those posts counter the accepted version of events. This is especially relevant in divorce cases, where tensions are running high, and hurt feelings are likely. Here are a few things you can do to prevent your social media posts from landing you in hot water. 

Trim down your friends’ list

When you are married, your collective social networks tend to become intermingled. That means you and your ex probably share quite a few mutual friends on social media. Even if these shared friends are neutral, they might still share something with your ex that you would rather not have them know. If you do not want to unfriend people for personal reasons, consider limiting the audience for your posts to only those in your inner circle. 

Do not talk about finances

Splitting up assets is a hot-button issue in most divorces. Some spouses downplay their earnings or assets so they do not have to share as much with their ex. A post about a new car purchase or vacation that goes against these claims can be brought to court by your ex to show your income is not as limited as you are claiming. While you should definitely be forthcoming about your earnings and assets, being too open about your financial status is bound to complicate matters. 

Speak positively, or not at all

When infidelity plays a role at the end of your marriage, it can be hard to remain civil. However, when children are involved, decorum is a must, especially online. Even if children do not have their own social media profiles, they are likely to hear about negative posts second hand, which can cause just as much hurt. Postings may also be used to make you appear unfit as a parent, which affects custody decisions.