Divorce has a funny way of making even the most ordinary Instagram post feel like a legal decision. 

That beach photo? Maybe it looks like an expensive vacation. The picture with the person you've started dating? Your ex is definitely going to see it. And that Facebook post you typed after an especially frustrating phone call? Maybe leave that one in the drafts.

When you're going through a divorce, it can start to feel like the safest option is to delete everything and disappear from the internet until the final judgment is signed.

But is that actually a good idea?

 

Do I Have to Stay Off Social Media During a Divorce?

Not necessarily.

Getting divorced does not mean you have to delete Instagram, Facebook, TikTok, and every other account you have. You can still use social media, keep up with friends, and share parts of your life. But while your divorce is pending, it is worth being much more careful about what you post.

A good rule of thumb is simple: if you would not want your spouse's attorney seeing it, think twice before posting it.

Can Social Media Be Used in a Florida Divorce?

Potentially, yes. Depending on the circumstances, social media posts, photos, videos, messages, and other online activity may contain information relevant to a divorce case.

Imagine, for example, that someone claims they cannot afford a particular financial obligation but regularly posts pictures of expensive purchases and luxury vacations. Or a parent makes allegations about the other parent's behavior while their own social media tells a very different story.

Even seemingly harmless posts can sometimes provide information about where someone was, who they were with, what they were doing, or how they were spending money.

That does not mean every photo you post will become Exhibit A in your divorce. It simply means you should remember that what you put online may not stay separate from your case.

What Should I Avoid Posting During My Divorce?

You do not have to stop using social media completely, but this probably is not the time to post every detail of your life.

Be especially cautious about:

  • Complaining about or insulting your spouse
  • Discussing details of your divorce or court proceedings
  • Posting negatively about your spouse's parenting
  • Sharing content involving your children that could raise concerns
  • Posting expensive purchases, trips, or major financial decisions
  • Sharing details about a new relationship that could become relevant to your case

We get it. Sometimes you really want the world to know exactly what your ex just did, but your Instagram story probably isn't the best place to tell that story.

Call a friend, write it in your notes app, scream into a pillow if you need to. Just think twice before putting it online.

Should I Delete Posts I've Already Made?

This is where you should be careful.

If you find an old post that suddenly seems like something you would rather your spouse's attorney not see, your first instinct may be to hit delete. But deleting potentially relevant information once a divorce is pending, or when litigation is reasonably anticipated, can create legal problems of its own. Depending on the circumstances, parties may have obligations to preserve information that could be relevant to the case.

Rather than going through your accounts and deleting anything that makes you nervous, talk to your divorce attorney about how to handle existing social media content.

 

What If My Account Is Private?

No, the little lock next to your username does not make your account invisible to your divorce case.

Setting your account to private can limit who has immediate access to what you post, but it does not guarantee that everything you share will remain private. Someone who follows you can take a screenshot, a mutual friend can show your spouse a post, and information that is relevant to the divorce may also potentially come up during the discovery process.

In other words, a private account does not always guarantee privacy.

The Bottom Line

You probably don't need to delete social media during your Florida divorce. You may just need to start using it with one important assumption: anything you post could eventually be seen by your spouse, their attorney, or the court.

So, before you post the photo or share the rant, ask yourself one question: Would I be okay with this being brought up in my divorce? If the answer is no, maybe keep that one in the drafts.

If you are thinking about divorce in Florida, we can help you find out whether we are the right fit. Call us at 850-362-7228, or complete the form on our website and we will call you.

 

Written by Sophia Thephasdin. Reviewed for legal accuracy by Matthew Ausley, Attorney.