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Can Social Media Affect My Alimony Case?
Thanks to social media platforms like Facebook, Twitter, Instagram, and LinkedIn, we can stay connected with friends and family, get real-time updates on current events, and even take advantage of networking opportunities to secure a job interview. However, if you are going through a divorce, the information you share on your social media platforms can negatively impact your divorce proceedings, including negotiations regarding alimony.
Whether you are the recipient or the payor of spousal support, even the most seemingly innocent post can be used against you in your alimony case. A highly skilled divorce lawyer will assist you with every step of the divorce process and discuss precautions you can take to avoid negative consequences associated with social media.
The following are examples of things you should avoid posting on your social media accounts:
- Vacation pictures: If you are responsible for making spousal support payments or are the recipient of alimony, posting pictures of a lavish vacation is strongly discouraged. Whether you are the payor or the recipient, your spouse can refer to these pictures to support their argument against paying more or receiving more alimony.
- Pictures of expensive purchases: You may also be tempted to post pictures of a new car, expensive jewelry, or other high-end purchases. However, this suggests that you have expendable income at your disposal, and it can be used against you by your spouse.
- Posts about a new relationship: Even if your spouse is aware that you are in a new relationship, it is highly recommended that you avoid posting pictures of you and your new partner on social media. If there is evidence of regular cohabitation and an intertwinement of finances, this can have a negative impact on your alimony case.
- Negative posts about your partner: As tempting as it may be to complain about your estranged spouse, this is never a good idea. In addition to the impact it can have on your divorce, it can affect your relationship with your children and harm your credibility.
How Is Social Media Used as Evidence in a Divorce Case?
Social media platforms are a valuable source of evidence and play a crucial role in divorce proceedings. The following are examples of how online behavior can influence the outcome of a divorce:
- Asset division: This is one of the most common ways social media can negatively impact divorce proceedings. Depending on the nature of the post, this can provide valuable insight into a spouse’s lifestyle and financial situation. For example, if your spouse is arguing that they are having a difficult time making spousal support payments, but they recently posted pictures from a lavish vacation, their social media can be used to argue against their claims that they cannot afford alimony. This will also influence the court’s decision on asset division.
- Child custody and parenting time: When making decisions regarding custody and parenting time, the court will consider what is in the children’s best interest. If there are posts on social media of your spouse engaging in reckless behavior, substance abuse, or neglect, this will impact the custody agreement and the amount of time that the children will spend with that parent.
- Spousal support: If your spouse is claiming that they are unable to make spousal support payments or that the payment amount is too high, your divorce lawyer will scrutinize your spouse’s social media accounts to see if there is evidence of lavish spending, new business ventures, or other expenditures that will undermine their claim and affect the court’s decision regarding alimony.
How Can I Navigate Social Media During My Divorce?
If you are like the vast majority of people, social media plays an integral role in your daily life. However, as challenging as it may be, it is strongly advised that you either avoid or significantly limit social media until you reach a divorce agreement. Even the most seemingly innocent, harmless post can be taken out of context and have a negative impact on your divorce, including spousal support. The following tips can help you make smart decisions about social media and avoid negative consequences:
- Think twice before posting. It is highly recommended that you use caution when posting on any of your social media platforms. The content you share can be misinterpreted, perceived incorrectly, or simply taken out of context and used against you. Consider taking a break from all of your social media accounts until you have reached a divorce settlement.
- Adjust privacy settings. Check all of your social media accounts and adjust the privacy settings to limit who can see your posts. However, remember that even private posts can be subpoenaed and used as evidence in court. Therefore, being cautious about what you share is in your best interest.
- Consult with a divorce lawyer. An experienced divorce lawyer will discuss social media’s impact on your divorce, discuss effective ways to navigate social media and help gather and preserve social media evidence that will be valuable to your case.
The Somerville Divorce Lawyers at Lyons & Associates, P.C. Help Clients Navigate Social Media Challenges During a Divorce
If you are going through a divorce and you have questions about how social media can impact alimony, do not hesitate to contact the Somerville divorce lawyers at Lyons & Associates, P.C. To schedule a free, confidential consultation, call us today at 908-575-9777 or contact us online. Our offices are located in Somerville, Morristown, and Freehold, New Jersey, where we serve clients in Somerset, Woodbridge, Morristown, Parsippany, Rockaway, Short Hills, Chatham, Randolph, Madison, Morris Plains, and Monmouth County.