Southern California Family Law Blog

Divorce and social media

Social media and divorce

Heightened emotions, financial issues, and child custody battles have always been a part of the divorce process. One thing that has certainly altered these proceedings is the development of social media. More and more attorneys are reporting that sites such as Facebook, Twitter, and Instagram are affecting divorce settlement negotiations.1

When you share personal news, thoughts, opinions, photos and other information on social media, do not assume only your “friends” are seeing it. If you are going through a divorce, what you do on social media can have unforeseen consequences. Let’s take a look at how your divorce proceedings are impacted by your activity on these sites…

  1. Social Media Activity is Admissible Evidence in Divorce Court

A New York woman was receiving $850 a month in spousal support from her ex-spouse because of her supposed disability. In court, she testified that the disability left her unable to work. Her Facebook activity showed that she was not disabled, and in fact very capable of working. Her Facebook photos were brought to the attention of the court and her spousal support was reduced to $400 a month.2

Posting personal information about your financial situation, job changes, or anything else is not in your best interest. All of these things can be presented and dissected in court. If you think your next photo or status update might be brought to the attention of a judge, you should probably refrain from uploading it.

  1. Social Media Activity Can Reveal Hidden Assets

If you have been married for even a short period of time, you probably have several mutual friends. This means that you may connected with them through such media sites. Without realizing it, the information you share on social media can easily be relayed back to the other party.

For example, you may be sharing photos of your recent expensive purchases or vacations on Instagram or Facebook. You and your spouse’s mutual friends may then be relaying these photos to your spouse. This information can change the course of your divorce proceedings. If a judge is shown through social media that one of the parties has been spending extravagantly, it may affect his or her ruling on spousal or child support.

  1. Mutual Friends’ Social Media Activity

Believe it or not, your mutual friends’ social media activity can also affect

the divorce negotiations. One of your mutual friends may post a photo of a car, boat, property, or other asset that he or she bought from you or your spouse. If this is brought to the attention of the court it can also impact the result of the child support or spousal support order. If you did not disclose the sale you could be accused of hiding assets.

  1. A Divorce Judge Can Ask to Obtain Your Social Media Passwords

Before his divorce proceedings began, Stephen Gallion claimed that he had seen information on his spouse’s Facebook account that would show evidence of cheating. He brought this to the attention of the court at the beginning of trial. The judge immediately ordered both parties to give up their passwords and not change them until the end of the proceedings.3

Call the Divorce Lawyers at Wallin & Klarich Today

Using social media carelessly can certainly impact your divorce case. Just how it can and to what extent will depend on the circumstances of your particular case. Having an experienced and knowledgeable attorney by your side can help you understand these vital details. The attorneys at Wallin & Klarich have over 30 years of experience handling divorces and obtaining the best possible results for our clients.

With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, one of our knowledgeable attorneys is available to help you no matter where you work or live.

Call us today at (888) 749-7428 for a free phone consultation or visit www.wkfamilylaw.com. We will get through this together.


1. http://www.forbes.com/sites/jefflanders/2013/08/20/how-social-media-can-affect-your-divorce/

2. http://www.huffingtonpost.com/2011/04/17/belly-dancing-sinks-nyc-w_n_850171.html

3. http://www.dailymail.co.uk/news/article-2062398/Judge-Kenneth-Shluger-orders-Stephen-Courtney-Gallion-swap-Facebook-logins.html

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