Unexpected Ways Social Media Can Adversely Affect Your Divorce

 Posted on January 29, 2025 in Divorce

As of 2025, almost 70 percent of people in the United States are active social media users. Facebook remains the largest social media platform, with more than 3 billion users worldwide. On average, Americans spend about 2 hours and 19 minutes each day on social media.

In the United States, 68% of people (roughly 308 million) are active on social media. YouTube is the most often used social media site in the U.S., followed by Facebook. People spend an average of 2 hours and 19 minutes on social media daily. For most of us, social media is a part of our everyday life. In fact, it has become so commonplace for us to share personal details on Facebook, Twitter, Instagram, and other sites that we hardly think twice about it.

However, if you are going through a divorce, you absolutely need to think about how your social media posts could affect your divorce – and not in a positive way. If you are contemplating a divorce or are already in the middle of one, how you use social media is extremely important. Speak to an experienced Menomonee, IL family law attorney.  

How Could Social Media Adversely Impact Your Divorce?

It is important to remember that social media posts are not protected. Regardless of your privacy settings, there is no expectation of privacy on social media. Anyone in your network can access, share, and copy your content with whomever they choose – including your spouse. The most innocent social media post can look much different when it is being used by your spouse’s lawyer to show why you are not entitled to spousal support or why you are not a fit parent.

While it may be tempting - and understandable - making disparaging comments about your ex on social media will help no one in the end. It can create unnecessary tension and cause the divorce to drag on long past the time it should. Optimally, those going through a divorce should disable all social media accounts until the divorce is final. Do not delete an account without asking your attorney, as this could be seen as hiding evidence.

If you feel you cannot disable your account, at the very least, adjust security settings to the most restrictive level. Refrain from posting anything personal on your sites, and ask family members and friends to refrain from posting anything about you, your divorce, or your children. You do need an outlet for your emotions, so talk to a friend, a trusted family member, or a counselor.  

Can My Spouse’s Lawyer Legally Access My Facebook Page?

Most attorneys will simply ask their own clients to provide the social media history of the client’s spouse. But, if your spouse cannot access your account, attorneys can subpoena information from social media sites or compel releases to obtain the information. Attorneys often use a social media account to provide evidence of an affair, unfitness as a parent, or dissipation of assets.

A person who claims he or she cannot pay spousal support or child support because of lack of funds but has posted photos of all the purchases he or she made is likely to be embarrassed in court – and potentially sanctioned by a judge. A parent who is fighting for primary custody (allocation of parental responsibilities) and has nothing but party photos on his or her social media pages may be looked at as less than credible by a judge.

While you are technically free to post whatever you want on your social media site after your divorce, caution is still the best policy. Posting photos of your brand-new car can send your ex back to court to ask for a modification of spousal support. Photos of you drinking and partying can result in changes to your parenting responsibilities or parenting time.

Contact a Waukesha County, WI Divorce Lawyer

Your reputation and your divorce case can be at risk if you are not extremely cautious about using social media. When you have a knowledgeable Waukesha, WI divorce attorney as your advocate, you can expect the best outcome possible. Our firm is highly client-centric and experienced in all aspects of family law. Contact Bucher, Wolff & Sonderhouse, LLP at 262-232-6699 to schedule your free consultation.