How Can Social Media Affect Your Divorce?
Your social media activity can have an unexpected but substantial effect on the outcome of your divorce. A random post, a misconstrued emoji, or even a seemingly innocent check-in can have far-reaching consequences during your divorce proceedings.
Below, the experienced Nevada family law attorneys of Mills & Anderson explain how social media can impact your divorce, including the division of property, child custody, and alimony.
Social Media and Divorce: Things to Consider
Lawyers and judges can scrutinize both spouses’ social media activity during a divorce. Here’s how your online presence might influence the outcome of your divorce:
Evidence of Misconduct
Social media posts can be used as evidence of reckless spending habits, neglectful conduct, or behavior that contradicts claims made in court. For example, claiming financial hardship but showcasing a lavish vacation on Instagram can undermine your credibility regarding alimony requests.
Fueling the Flames
Posting inflammatory or offensive content about your former partner can escalate tensions and make reaching an amicable settlement more difficult. Judges frequently frown upon such behavior, which can affect the overall outcome of your case to your detriment.
Maintaining professionalism and respect during legal proceedings is important, even when emotions run high.
Once you share something online, it’s difficult to remove it altogether. Before clicking “share,” consider how your post might impact your legal case.
Divorce and Social Media: Asset Division
In Nevada, marital assets or community property is typically any property or asset obtained during the marriage that is not considered separate property. Social media accounts may be considered marital assets in certain situations, especially if they were created jointly or have commercial value. Here’s what to consider:
- Jointly managed accounts. If you and your ex co-manage a social media account for a business or brand you built together, the divorce settlement must address its value and future ownership.
- Influencer income. Do you or your ex have a significant social media following that generates income? The court might consider this income stream during the division of assets.
- Exposing financial discrepancies. Boasting about a luxurious getaway while claiming financial hardship to reduce spousal support payments? Inconsistent financial portrayals online can undermine your case’s credibility.
Consult your lawyer to understand how your social media presence might factor into asset division.
Child Custody Arrangements, Social Media and Divorce
Social media can be crucial in determining child custody arrangements, particularly regarding online behavior and parental fitness. Let’s look at why social media comes into play.
- Risky online interactions. If a parent exposes their children to inappropriate content online, this can weigh heavily against them in court. If a parent engages in online arguments that involve their children, this can negatively impact their custody case.
- Oversharing about your children. If a parent posts excessive details about their children’s lives online, this could be considered risky. A judge could see this as a violation of your child’s privacy, and such oversharing can show a lack of judgment when it comes to child safety.
Maintaining a responsible online presence, being mindful of your online behavior, and ensuring that it aligns with the best interests of your children can demonstrate to the court that you are a capable and responsible parent. Remember that your actions online can have real-life consequences in custody proceedings, so it’s essential to exercise caution and discretion.
How Social Media Can Affect Spousal Support
Social media activity can influence alimony decisions in specific ways.
- Demonstrating a higher standard of living. If you claim financial hardship to reduce alimony payments but showcase a lavish lifestyle on social media, it might be used as evidence to show you have more than you profess. It could also be used to cast doubt on your credibility with the court and influence other areas of your case. Conversely, if you are a spouse requesting alimony, evidence of your previous lifestyle as reflected in your social media accounts can be used to rebut any claim that your are requesting funds beyond what you should expect based on your previous standard of living.
- Proving a change in circumstances. Suppose your ex claims they need alimony due to limited earning capacity, but they brag on social media that they are about to graduate from a program that will make them much more money. The court will likely consider this evidence of changing circumstances that could impact alimony awards.
Essentially, anything that you or your spouse put on social media that contradicts what you say in court or in your court filings could impact your case. It can be used to argue that what you claim is not true, thereby thwarting your efforts and reducing your credibility with the court.
Managing Your Online Presence to Minimize Negative Effects
While you can’t control how your soon-to-be-ex uses social media, you can certainly manage your own online presence. First, you can review and adjust your privacy settings on all social media platforms. Consider making your profiles private or limiting who can see your posts and comments.
Second, you should exercise caution when posting. Think twice or three times before hitting the “post” button. Try to think of how this might possibly backfire on you, and when in doubt, don’t post. And especially, be sure to avoid venting negativity about or toward your ex, posting inappropriate pictures, or engaging in online arguments. None of that will make you look better in front of the judge. Frankly, if what you want to say on social media has anything to do with your ongoing divorce or custody proceedings, don’t say it.
FAQs
Should I Deactivate My Social Media Accounts During My Divorce?
Deactivating your accounts might be an extreme step, but it’s an option if you struggle with oversharing. Discuss with your lawyer whether deactivating your social media accounts is the best course of action.
Should I Delete All My Social Media Posts Before Filing for Divorce?
Generally, it’s not recommended to delete social media posts or accounts, unless directed to by your attorney. Your previous posts may have evidentiary value, and deleting them can be construed as an effort to hide or destroy evidence by the opposing attorney. However, you should review and adjust your privacy settings to limit the information your ex-partner can access and limit how much you share until the case is over.
What If My Ex Uses Social Media to Harass Me?
If your ex is using social media to harass or threaten you, it is vital to document the behavior, report it to the platform, and consider taking legal action to protect yourself. Such menacing posts can also serve as evidence against them in court.
Protect Your Rights During Divorce with Mills & Anderson
We understand that divorce is stressful, and managing your online presence might seem like an extra burden. For decades, Mills & Anderson has been the go-to firm in Clark County, Las Vegas, and Henderson. We have highly qualified attorneys who can support you through divorce and other family law matters.
Our experienced attorneys will provide compassionate support and guidance throughout your case. We’ll actively safeguard your rights and assist you in making well-informed decisions. Contact us today, and trust us to provide you with the support and guidance you need during this challenging time.