DiLorenzo & Rush | Counselors of Law
Stepping Up & Standing Out

Can I use my spouse’s social media against them in a divorce?

On Behalf of | Sep 1, 2023 | Divorce, Family Law

Social media platforms (Facebook, TikTok, etc.) have integrated themselves into our everyday lives. They have changed the face of how we interact with everyone from our family to our friends and acquaintances. Though, with this rise in connectivity comes the downside that everything we post can be used against us, including in a divorce.

Social media as evidence

In New Jersey, everything posted on social media can be used as evidence in a divorce case. It can be used to support claims that you lied, cheated, hid assets, etc.

For example, if your soon-to-be ex-spouse posted photographs of them neglecting parental responsibilities or spending lavishly on themselves, it could be used against them in a child custody battle. Similarly, if they are claiming to be a popper, but posting about their European vacations and exotic cars, this can be used as evidence they are lying.

Social media investigations

If you already know that a divorce is on the horizon, now is the time to do a social media investigation on yourself and your soon-to-be ex-spouse. Set your social media to private or delete it, if needed. Make sure you document any potentially usable evidence for a divorce.

Though, there are professional investigators that can do this professionally, who know what to look for and how to save documents where it will be usable in the divorce case. This can include ongoing social media monitoring that could prove a difference maker in contentious cases.

Privacy settings

It is not advisable to rely on privacy settings. While they can limit access to your page, you never know how people will use the access they do have. As such, keep anything you want to say to yourself, and it is usually a better idea to keep off social media during a divorce.