Can My Social Media Posts Affect My Divorce?

 Posted on April 24, 2024 in Divorce

Social media is often used to connect with friends and family. Some people even conduct their entire social lives online. So, when a life-changing event like divorce happens, it is natural to take to the keyboard and broadcast your feelings. You may even be eager to move on and want to start posting about your new single life.

But there is reason to be cautious when you post on social media during your divorce. If you are going through a contested divorce — where you and your spouse do not agree on all issues — your social media posts can work against you in some cases.

This article will discuss some of those cases. It is important to consult with a qualified Texas divorce attorney if you have any doubts about what you are posting on social media.

Child Custody

Texas law views child custody issues through the lens of the child’s best interest. So, if you and your spouse are fighting over child custody in court, a judge is going to look at several factors such as:

• Any reports of abuse or neglect

• Any reports of alcohol or substance addiction

• The income of each parent

• The mental health of each parent

• The parents’ cooperation with each other

• Whether the lifestyle of either parent can pose a danger to the child’s mental, emotional, or physical well-being

• Whether either parent is dating someone who can be a threat to the child’s well-being

If you are trying out your new single lifestyle, use caution when posting about it on social media. Photos on Instagram that show you engaging in potentially risky behaviors can be used to paint you as an unfit parent.

Family Maintenance

Family maintenance refers to either child support, alimony, or both. If you have been ordered to pay family maintenance, it means the judge has calculated the amount you need to pay based on certain factors, including:

• Your annual income

• Your current and future earning potential

• Your spouse’s income

• Your child’s needs

If you were ordered to pay family maintenance and your circumstances have since changed, know that these changes can be used to modify your family maintenance payments. Posting about your new executive position at a Fortune 500 company on social media, therefore, can potentially cost you.

Asset Division

Asset division is when a divorced couple divides their marital assets between them. It is a complex process that begins with each party submitting a financial disclosure listing all assets, liabilities, and expenses. This disclosure is a legal document signed by you and submitted to the court. If the court feels you left anything out or misrepresented any assets, it can view this behavior as fraud and you can get in serious trouble.

Make sure you have declared everything on that financial disclosure. If you post on Facebook about your boat, your second car, or your dividends from stocks you have not disclosed, you can be investigated for fraud. Furthermore, any settlement you and your spouse may have agreed to can be nullified.

Contact a Collin County, TX Divorce Attorney

Social media is not meant to be private. Keep that in mind when you post during your divorce as you adjust to your new life. The best course of action would be to consult an experienced Prosper, Texas divorce lawyer who is also skilled in social media. John Pfister understands how social media can affect divorce and is board-certified in family law by the Texas Board of Legal Specialization. Call Pfister Family Law for a consultation today.