Divorcing spouses in New York State are advised to use social media with extreme caution—or even consider pausing their activity entirely—during their divorce. Social media posts can become a significant source of evidence in divorce proceedings, affecting everything from child custody to financial settlements. Here’s a closer look at best practices and the potential pitfalls of social media use during divorce.
- Avoid Discussing the Divorce on Social Media
It’s wise to refrain from discussing any aspects of your divorce on social media. Any posts expressing frustration, anger, or disappointment about the proceedings or ex-spouse can be used to portray a spouse as hostile or uncooperative, impacting outcomes, especially in child custody cases. Even seemingly harmless or indirect statements can be misconstrued. Courts and attorneys may interpret posts as attempts to intimidate the other party, which could lead to increased tensions and even influence custody decisions.
- Limit Lifestyle Posts
Posts showcasing expensive purchases, luxury trips, or frequent dining out can create the impression of financial stability, contradicting claims of financial need. This is particularly significant in cases involving spousal support or asset division, as courts might view such posts as evidence of hidden or undeclared income. It’s best to avoid publishing any posts that display changes in spending habits during a divorce.
- Be Mindful of Custody Implications
In child custody cases, a parent’s social media activity will likely be scrutinized to assess their parenting judgment and lifestyle choices. Courts may interpret posts about heavy partying, substance use, or other potentially irresponsible behavior as evidence that a parent is unfit for primary custody. Moreover, any comments disparaging the ex-spouse or showing poor communication skills with the other parent can be harmful in court, as they might be perceived as attempts at parental alienation, an issue that is taken very seriously by New York courts.
- Keep Accounts Private but Avoid Over-Reliance on Privacy Settings
While setting social media accounts to “private” can provide some protection, it’s not a foolproof solution. Courts can subpoena social media records, and friends or followers might still share posts unintentionally. Private posts are not exempt from legal discovery, and content marked as “deleted” may still be recoverable. Consequently, reducing or completely eliminating social media use is generally the most effective way to avoid unintended consequences while a divorce case is pending.
- Consult Legal Advice Before Posting
Each and every social media post published during a divorce can potentially be used as evidence. Many attorneys advise clients to consult them on any posts they’re unsure about, especially in cases where evidence is being actively gathered by the opposing side. Posts showcasing new relationships, lifestyle changes, or statements that could be misconstrued are particularly risky and should generally be avoided without legal guidance.
- Be Aware of Friends and Family Tagging
Divorcing spouses should talk to close friends and family members about their situation and ask them not to tag or post about them during the divorce. Friends or relatives might unintentionally post content that could become problematic if it portrays the spouse in ways inconsistent with their claims in court.
Final Thoughts
Divorce is a difficult and emotionally charged time, and social media may feel like an outlet for connection and expression. However, the safest approach for divorcing spouses in New York is to limit or pause social media activity to prevent any inadvertent harm to their legal standing. By minimizing online sharing and consulting with their legal team on social media use, divorcing spouses can better protect their interests and support a smoother, less contentious legal process. Have a question? It’s always best to consult with a Long Island divorce attorney that is well-versed in the legal nuances associated with divorce cases. Our firm serves Suffolk and Nassau Counties on Long Island, NY. Contact us for a free consultation.