Can Social Media Posts be Used Against Me in a Divorce?

Anything you do on social media could be used as evidence during a divorce case.

If you are going through a divorce, especially one where you and your spouse disagree about the terms of the divorce, it is important that you take all actions possible to improve the outcome of your case. In addition to hiring a great lawyer, you should understand how your behavior and external factors, such as your use of social media, can impact your divorce case. Consider the following about how social media posts can be used against you during a divorce and reach out to our Tampa divorce attorney at the Law Office of Mark G. Rodriguez, P.A. immediately for counsel and advice.

How Social Media Could Impact a Divorce Settlement

While Florida is a no-fault divorce state, which means that a couple can separate without having to establish the fault of the other party, marital misconduct, lifestyle choices, and behaviors may be considered when deciding about important issues in a divorce, including parenting time and child custody, division of property, and even spousal support.

• Parenting time. When a judge is deciding about parenting time, they will consider the parental fitness of each of the child’s parents. In some cases, content that one parent has posted on social media may provide clues about a parent’s ability to care for a child. For example, if a parent has pictures of them getting drunk with friends, engaging in dangerous behavior, or even doing something illegal, this may serve as evidence that the parent is not fit to have primary custody of the child.
• Property division. While marital property must be divided in a way that is fair and equitable in a Florida divorce, if there is evidence of financial misconduct on the part of one spouse, a judge may consider this in their decision-making. For example, if social media evidence shows that one spouse was having an expensive affair that required marital resources to support, or that one spouse has made lavish purchases or has a gambling problem, they may consider this and award the other spouse a more favorable judgment.
• Spousal support. While a spousal support award is not based on marital misconduct and is instead based on the resources and needs of the spouses, if there is evidence that one spouse is hiding assets, this could impact the amount of a spousal support award.

Both Private and Public Posts May be Used Against You

Keep in mind that anything that is posted on social media that is public—i.e. Instagram, Twitter, or Facebook posts—can be admitted into a divorce court without your permission. What is more, even if you have private posts or messages on your account, these too could be subpoenaed and used against you.

Call the Law Offices of Mark G. Rodriguez, P.A. Today

If you are going through a Florida divorce, having a skilled divorce attorney on your side who can advise you regarding the use of social media and other top concerns in a divorce case is strongly recommended. To learn more about your rights and how to protect your interests during a divorce, reach out to Attorney Mark G. Rodriguez, P.A. directly today.