As divorce lawyers, we are often asked about the use of Facebook and other social media preceding and during a divorce. What you post on social media, like Facebook or Twitter, is relevant to the divorce process and can harm you. Social media content, including posts, photos, and videos, can become admissible evidence in divorce proceedings, and attorneys understand how such evidence can impact the outcome for the parties involved.

Our advice is to stop using all social media while you’re going through a divorce. Attorneys often recommend halting all social media activity until divorce proceedings are finalized, as taking a break from social media can be beneficial for emotional management. Everything you post, tweet, and share could end up coming back to haunt you in custody battles, alimony disputes, and even property division.

Your safest bet would be to take a break from social media and have your friends refrain from including you in their posts too. Monitoring what others post about you and avoiding social media interactions with your ex can help manage emotional health.

Obviously, inappropriate rants or comments about your wife are also a terrible idea, and should be avoided.

Social Media Posts and the Divorce Process

That’s not to say that you should purge your accounts and delete photos and posts. Doing that can also get you into trouble if a divorce or custody dispute is happening. Instead, review your privacy settings, change your social media passwords, and consider unfriending or unfollowing in-laws to protect your content and emotional well-being.

There are many stories of Facebook or other social media causing harm in a divorce or custody situation. As an example, we recently had an ADAM client who was not a frequent Facebook user, but would occasionally post pictures of his children.

It just so happens he would also sometimes post pictures of a night out with his friends at the bar, or a night at the ball game. Engaging in risky behaviors or posting about parties can be used as evidence in custody evaluations.

He had a pending divorce, and his wife was very bitter about things and liked to make misleading statements about him regarding their parenting time dispute. She tried twisting a few bar nights into alcoholism and child neglect.

All it took was just a few screenshots of his Facebook pictures and posts and suddenly there was “evidence” against his ability to parent. She made it appear that he was out drinking in the bars all the time.

Content often used in custody evaluations includes posts depicting unsafe supervision or disparaging comments about an ex-partner. In the end he was able to keep the custody schedule he wanted, but it wasted unnecessary time and money in court fighting those allegations.

Generally speaking, your social media posts are admissible as evidence against you in court, so long as they were not obtained illegally or in a deceitful way. Social media content can be used to argue against claims of financial hardship, prove infidelity (which may impact alimony awards), and show spending of marital funds. Posts about financial hardship can be contradicted by social media evidence showing extravagant spending, impacting asset division.

In Michigan, private social media posts are still subject to discovery and can be obtained through court orders, and attorneys can subpoena Facebook for data including deleted posts and private messages. Screenshots and tagged content can be admissible in Michigan courts regardless of account privacy settings.

Sharing life updates, relationship status, or details about your marriage on your Facebook page can negatively impact your case, and it is advisable to avoid posting about the divorce process. There is a misconception that social media is private, but even private posts can be accessed and used as evidence. Sharing content or posts about your personal relationships, marital funds, or financial situation can be used as social media evidence in court.

Again, shutting down your social media accounts would be the best approach to avoid misinterpretation and conflict in the divorce process.

Managing your Facebook page and being cautious about what you share content-wise is important to protect your interests. Consult with a legal partner or attorney for guidance on managing social media during divorce.

Protecting Marital Assets

When you’re facing divorce proceedings, protecting your marital assets should be your number one priority—and your social media posts can make or break your divorce case. In our digital world, what you share online, especially on platforms like Facebook, can become powerful evidence that attorneys will use against you in court.

Even that innocent vacation selfie or new purchase photo can raise serious red flags about your financial situation, potentially leading to accusations of hidden assets or claims of financial hardship that don’t match up with your real circumstances.

During your divorce process, you need to watch your social media activity like a hawk. Posting pictures of expensive purchases, fancy vacations, or that new relationship can be twisted around and used by your ex to challenge what you’re claiming about marital assets or financial need.

Comments about your soon-to-be ex, or sharing details about your personal life, can also get taken completely out of context and hurt your case big time. Remember, anything you post online can be accessed by attorneys, judges, or even mutual friends, and it may show up as evidence during court proceedings.

To protect yourself, dial back your social media use and avoid posting content that could get misconstrued. Be extra careful with your social media passwords—make sure your ex doesn’t have access to your accounts, because unauthorized posts or sharing sensitive information can really mess up your divorce case.

If you have children, know that your social media activity can also impact child support and custody decisions. Posts that suggest you’re spending money irresponsibly or behaving badly may be used to question whether you can provide a stable environment for your kids.

Family law attorneys who know what they’re doing understand the unique challenges that social media creates in divorce cases. Their best advice? Think twice before posting anything online and talk to a qualified family law attorney about how to handle your social media accounts during the divorce process. These experienced attorneys can help you avoid potential pitfalls and make sure your online presence doesn’t tank your case.

While you have the right to free speech on any social media platform, it’s important to understand that this freedom isn’t unlimited.

Posting sensitive or inflammatory content can have real consequences in your divorce case, especially when you’re trying to protect marital assets and your reputation. By being smart about your social media activity and getting professional guidance from experienced family law attorneys, you can protect your interests, avoid unnecessary headaches, and move forward with confidence during this challenging time.