Should You Block Your Spouse on Social Media During Your Divorce?
Social media has made it easier for people to connect and stay in touch. However, it has also made it easier for couples to spy on each other and gather evidence during a divorce.
But should you block your spouse on social media during your divorce to protect your privacy and peace of mind?
At Manassa Wieczorek, PC, we help spouses understand the implications of blocking, how to use social media responsibly during a divorce, and what an experienced divorce and separation attorney can do to ensure the best possible outcome.
The Reality of Social Media and Divorce
Why Blocking Doesn’t Do What You Think It Does
If you ever tried to block someone obsessed with you on social media, you know it’s not a foolproof solution.
Blocking your spouse may limit direct access to your social media account, but they could monitor your activity through a fake profile.
Even when your spouse isn’t regularly sleuthing through social media to find ammunition for the divorce, shared friends and family may still expose your online activity. So might their divorce lawyer.
Considering that nearly a third of couples meet using social media, odds are that you don’t just share a lot of friends, you also share a lot of digital exchanges.
Unfortunately, blocking your spouse will not remove messages, photos, or comments sent before the block. This means that the court may admit any incriminating or embarrassing content you shared in the past.
Ultimately, social media blocks during a divorce offer a false sense of security that doesn’t usually have the intended effect.
What Happens if I Block My Spouse on Social Media During a Divorce?
Blocking your spouse may seem like a good idea, but you need to understand the potential consequences, including:
- Reduced spousal support payments: Claiming you need or can’t pay as much spousal support may not be justified if your social media posts suggest otherwise. Blocking your spouse may not prevent them from obtaining this evidence through other means.
- Negative impact on child custody: Your spouse can use any social media activity that portrays you in a negative light, such as indulging in excessive drinking or partying, against you in a child custody case. Blocking your spouse may not prevent them from obtaining this evidence through other means.
- Escalated conflict: Blocking your spouse may seem like a way to avoid confrontation and tension. Unfortunately, it could have the opposite effect. Many divorce horror stories feature amicable spouses turning hostile after one blocks the other on social media.
- Legal implications: Depending on the laws in your state, blocking a spouse on social media during a divorce could look like tampering with evidence or violating court orders. Without proper legal guidance, you could inadvertently and irrevocably harm your case.
You cannot avoid all of these potential consequences. However, an experienced divorce attorney can help you navigate the complexities of social media and avoid damaging your case unknowingly.
Is It a Big Deal to Delete Social Media During a Divorce?
In addition to blocking your spouse on social media, you might decide to delete posts that your spouse might use against you in court—but talk to your lawyer first.
Unfortunately, deleted posts do not forever vanish.
Digital forensics is becoming more common in divorce, making those “deleted” Facebook, Instagram, and X (formerly Twitter) posts recoverable. An investigator can even retrieve DMs for use as evidence.
You may think that strategically deleting posts will give you better negotiating power or emotional well-being, but your divorce attorney has a legal and ethical obligation to tell you that it may harm you more than help you. A divorce court may view that action as the destruction of evidence.
Is It Okay to Just Post Nice Stuff on Social Media Instead of Blocking?
Friendly or not, social media posts expose more data to your spouse than you might think, including:
- Exposing your precise location: Unbeknownst to many, your phone collects and shares geo-locational data with social media platforms. Even a selfie in an unidentifiable location can reveal exactly where you are. If this location violates temporary orders, you could face legal consequences.
- Providing insight into daily routines: Posts and social media profiles include timestamps, revealing what you do at a specific time. It could damage your credibility in court if you claim you are too busy to attend certain events or post pictures partying with friends while you have custody of your children.
- Highlighting any changes in financial status: Social media posts can show spending habits and purchases that may not align with your declared financial status. This could raise suspicions about hidden assets or income, leaving you to face severe consequences in divorce proceedings.
Every post and interaction can hurt your divorce proceedings, so think twice and speak to your divorce attorney before sharing any social media post.
How to Use Social Media During a Divorce?
Every case is different, and there is no one-size-fits-all solution to using social media during a divorce.
Until you speak with a lawyer:
- Don’t post anything you wouldn’t want a judge to see. Avoid posting derogatory comments, questionable content, and anything potentially damaging to your divorce case.
- Assume your spouse or their attorney will monitor everything. Even if you have blocked your spouse, always assume they can somehow access your content.
- Let your lawyer do the trolling. If you want to gather evidence from your spouse’s social media, let your attorney handle it. The same goes for DMs, texts, and all other forms of electronic communication.
Understandably, endlessly worrying about which social media posts may harm your divorce case can exhaust and overwhelm you.
For this reason, stop using social media during your divorce instead of constantly agonizing that every post could cost you in court.
Should You Block Your Spouse on Social Media During a Divorce? Not Before a Free Consultation
A divorce might feel like the most challenging time in your life. Blocking your spouse on social media to lessen the pain or avoid potential conflict may seem like a quick and easy solution.
However, doing so could have negative legal consequences.
Before you take to social media to block your ex or complain about the divorce, reach out for your free consultation with our family law attorneys at the Manassa Wieczorek, PC online or call (847) 221-5511.
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