Social media is a ubiquitous element of modern life. It provides people with a sense of connection and a rush of dopamine when they get responses from other people online. The positive reinforcement of engaging on social media may lead to people doing themselves a disservice with what they decide to share. For those going through a divorce, social media activity can be a major risk. What they share on the internet could negatively affect the outcome of their divorces.
What are some of the potential consequences of misuse of social media during a divorce?
Claims of dissipation
People preparing to file for divorce and those who have just divorced often try to pamper themselves with extra self-care. They might take a trip with friends or make a purchase they have long delayed. Sharing that on social media might lead to claims of dissipation if they used marital income or marital lines of credit to pay for those activities.
Allegations of hidden resources
Another way that sharing good fortune on social media could affect divorce is by giving a spouse information about personal resources they may not have known about previously. They may then try to claim that their spouse hid assets, which can significantly complicate their property division proceedings. They may have to establish how they obtain those assets and what they are worth. Judges me punish them for failing to disclose certain resources.
Evidence of infidelity
Divorce can take quite some time to finalize, and people may start developing new relationships before the process is actually over. Sharing about that online could result in the other spouse making claims of marital infidelity that could potentially complicate property division proceedings and other aspects of divorce.
Accusations of cyberstalking
Sometimes, it is not information about good fortune but rather attempts to engage with a spouse that lead to divorce complications related to social media. Florida has criminalized cyberstalking, which includes using social media to track, harass and intimidate another person. Particularly in cases where people create multiple accounts to try to interact with or monitor their spouses, they may end up accused of cyberstalking.
Complaints of defamation
People sometimes share too much about their divorces, and what they say online can affect one another in many cases. If one spouse makes unsubstantiated allegations of infidelity, spousal abuse or drug addiction about the other on social media, the accused spouse could strike back by asserting that those posts constituted defamation.
What people say and do online, even in private messages or hidden groups, can eventually come to light during divorce. People typically need to be very cautious about what they share online before and during a divorce. Realizing that a seemingly benign post could result in dramatic legal consequences could help those preparing for divorce avoid the scenarios in which they must fight an uphill battle to obtain a fair outcome.