Social media posts and accounts can impact the divorce process in a variety of different ways. If you post on social media, it will be important for you to understand these impacts (or potential impacts) as you prepare to go through the divorce process. Likewise, if your spouse posts on social media, it will be important to make sure you know how your spouse’s social media usage might impact your divorce as well.
To be clear, posting on social media won’t necessarily impact your divorce. However, the risks are such that you need to ensure you are making informed decisions. Keep reading for some important insights from Phoenix divorce lawyer Adam Weingart:
Stay Off of Social Media if Possible
As a general rule, it is best for divorcing spouses to stay off of social media if possible. If you don’t need to post on social media, there is no reason to take the risk of posting something that could negatively impact your divorce. If you can, you should take a break from social media for the time being; and, once your divorce is over, you can revisit how you want to use social media going forward.
Be Careful About What You Post
If you can’t stay off of social media during your divorce, you should be very careful about what you post. Posting photos or comments your spouse can use against you, even if you do so inadvertently, could have significant and long-term consequences. In particular, if you are preparing to go through a divorce, you should avoid posting:
- Negative Comments About Your Spouse – Regardless of how you are feeling, you should not post any negative comments about your spouse on social media. In fact, it is best to avoid mentioning your spouse by name at all, and you should also avoid making indirect references to your soon-to-be-former significant other.
- Negative Comments About Parenting – You should also avoid posting any negative comments about parenting. Even if they seem trivial, posting comments about how difficult your day was or how you are tired of the weekly transportation schedule could be brought up during the child custody phase of your divorce.
- Evidence of Alcohol or Drug Use – Evidence of alcohol or drug use posted on social media could be brought up during the child custody phase of your divorce as well. Alcohol dependence and drug abuse are both factors that can impact child custody determinations during the divorce process in Arizona.
- Evidence of Excessive Spending – Posting overseas travel photos, photos of luxury purchases, and other evidence of excessive spending could potentially impact your divorce in various ways. Depending on the specific circumstances of your divorce, evidence of excessive spending posted on social media could impact your rights regarding property division, alimony, and child support.
- Other Evidence of Irresponsibility – Posting anything else that suggests you might not be fully meeting your financial or parental responsibilities could negatively impact your divorce as well. Again, if you don’t need to post on social media, it is best not to post during your divorce—as this will ensure that you do not inadvertently post anything your spouse can use against you.
These are just examples—there are other things you should avoid posting on social media during your divorce as well. Additional considerations divorcing spouses should keep in mind include:
- Your spouse (or your spouse’s divorce lawyer) may be monitoring your social media accounts
- Friends and family members may share your posts without understanding the implications
- Mutual friends may side with your spouse and share your posts he or she can use against you
- You might inadvertently post information that has unfavorable implications for your divorce
- Attempting to delete photos or comments you have posted can have adverse consequences
With all of this in mind, if you absolutely must post on social media during your divorce, you should set your accounts to private, and you should consider removing any “friends” or connections that you do not personally know and trust. You should monitor for any mentions and tags as well, and you should consult with a divorce lawyer promptly if you have questions or concerns about anything your spouse (or anyone else) has posted online.
What if You Earn Income on Social Media?
Staying offline should be feasible if you only use social media to stay in touch with friends and family; but, what if you rely on social media for some (or all) of your income? This is a different scenario, and it raises some important additional considerations:
1. You Still Need to Be Careful About What You Post
While posting information about your personal life (including your divorce) might be good for engagement, it could also have negative consequences that outweigh the benefits. As a result, it is still important to be careful about what you post. The considerations discussed above still apply; and, if you have questions about what you should and shouldn’t be making public, you should seek advice from an experienced divorce lawyer.
2. Your Social Media Accounts May Be Assets that Are Subject to Division
Revenue-generating social media accounts can qualify as marital assets that are subject to division during the divorce process. If you and/or your spouse own any social media accounts that will be on the table in your divorce, you will need to ensure that you are making informed and strategic decisions about how to handle these accounts and any associated business interests, contracts, or other assets.
3. Your Income from Social Media May Impact Alimony and Child Support
If you and/or your spouse earn income from social media, this could impact the calculation of alimony and child support in your divorce as well. Here too, you will need to ensure that you are making informed decisions, and talking to an experienced divorce lawyer is the first step in the process.
Schedule a Free and Confidential Consultation with Phoenix Divorce Lawyer Adam Weingart
If you need to know more about how social media posts or accounts can impact the divorce process in Arizona, we invite you to get in touch. To schedule a free and confidential consultation with Phoenix divorce lawyer Adam Weingart, please call 480-550-8946 or contact us online today.