How Do I Handle Social Media During a Divorce?

Why should I be cautious with social media during a divorce?

It's easy to underestimate the impact of a social media posting, especially when emotions are running high. However, during a divorce, anything you share online can potentially be used against you – both in relationships that you wish to maintain, as well as in court. Photos, status updates, and comments can all be misconstrued or taken out of context, potentially affecting decisions related to child custody, asset division, or alimony. For instance, a seemingly harmless photo of you on a vacation could be interpreted as evidence of hidden assets or funds, or it might suggest you are not as financially strained as you might wish to portray to a judge.

Social media postings of you enjoying your life without your spouse can also be interpreted as attacks on your ex, even when not so intended. While a judge may or may not care about these types of posts, the emotional response from a disgruntled ex-spouse can often serve to add unnecessary fuel to the fire of a divorce process, thereby prolonging it.

Moreover, overtly negative posts about your spouse can be particularly damaging. Courts may view such posts as evidence of a hostile or uncooperative attitude, which can influence judgments about your character or co-parenting abilities.

Note that even with a “private” setting on your social media account, friends, family members, or even strangers could capture screenshots and share a post, leading to unintended consequences.

Consider also the impact of your social media postings on your children, as well as friends and family members. Well-intentioned humorous postings can be easily misunderstood by someone sympathetic to your ex. So, if you value your relationship with any of the persons with whom you are connected on social media, it is usually best to simply avoid saying anything at all.

What steps can I take to protect myself on social media during a divorce?

There are several practical steps you can take to minimize risks associated with social media use during a divorce. Here are a few recommendations:

• Limit your social media activity: The most effective way to avoid potential issues is to reduce or, better yet, cease your social media presence during the divorce process.
• Review your privacy settings: Ensure your social media accounts are as private as possible. Adjust privacy settings so that only trusted friends and family can view your posts. However, remember that even the strictest privacy settings are not foolproof. Friends can share your posts, and private messages can still be copied by way of a screenshot and leaked.
• Be mindful of your friends list: During a divorce, it's wise to review your friends list and remove or block anyone who may pose a risk to your privacy. This could include mutual friends or acquaintances who may not have your best interests at heart. Consider creating a separate list for close friends and family, and limit your posts' visibility to that group.
• Think before you post: Before sharing anything online, ask yourself how it might be perceived by others, including your spouse, their attorney, or a judge. If there is any potential for a post to be misunderstood or misused, it's better to refrain from posting it altogether.
• Avoid discussing the divorce: It might be tempting to share your feelings or frustrations about the divorce on social media, but doing so can backfire. Keep any discussions about your divorce private and off social media platforms. Vent to a trusted friend or therapist in person instead.

If you have additional questions or would like to speak with a seasoned Connecticut divorce lawyer or mediator about your case, please don’t hesitate to contact the Law Offices of Eric R. Posmantier, LLC today.