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Written by Molly C. Miller
In today’s digital world, divorce doesn’t just unfold in the courtroom. It often also plays out in public. Whether through Instagram posts, tweets, or shared TikTok videos, social media has become an extension of how people express themselves during daily life. But in the context of a divorce, what you post online can have lasting consequences. Courts are increasingly turning to social media as a source of evidence, reshaping how attorneys prepare cases and how judges view evidence.
Social Media as Evidence
Social media content is now a common feature in divorce litigation. It is becoming more generally accepted that public posts, and even private ones obtained through discovery, can reflect a person’s behavior, values, and credibility. As such, photos, captions, comments, and even “likes” can be scrutinized in any given matter.
Parties often find that content meant to be humorous or casual is interpreted differently in a courtroom or by their soon-to-be ex-spouse. Public displays of wealth, social outings, or emotionally charged messages can all be viewed as indicators of financial means, parenting capacity, or temperament. Even if a post is later deleted, it may have already been captured by another individual and could become future evidence in any court proceeding.
The takeaway is simple: if something is posted online, it may be used as evidence, regardless of original intent.
Custody and Online Conduct
In custody disputes in Connecticut, the best interest of the children remains the guiding legal standard. As part of determining what is in a child’s best interest, courts are increasingly taking note of a parent’s online presence when presented with evidence on whether that parent can provide a stable, nurturing, and safe environment.
Social media content that may negatively influence custody determinations includes posts referencing substance use, sharing inappropriate jokes or language, or making disparaging comments about the other parent or other related third parties. Judges may also take issue with a parent who exposes their child to public disputes or emotional manipulation through online platforms (i.e., having a public social media profile that a child can easily access).
Maturity and discretion are key components for a parent going through a contested custody dispute. When a parent uses social media to air grievances or display poor judgment, it can impact how a judge, guardian ad litem, custody evaluator, parenting coordinator, or other professional views their ability to co-parent cooperatively and prioritize the child’s emotional needs.
Financial Claims Meet Digital Footprints
A major factor in determining alimony, child support, and property division is comprehensive and accurate financial disclosure through discovery and financial affidavits. Social media, in this context, can either support or contradict what someone claims under oath on their affidavit.
Publicly visible lifestyle content, such as evidence of business activity, major purchases, or luxury travel, may raise questions about a person’s reported income or assets. While social media alone won’t determine a financial outcome, it can prompt further investigation and serve as a catalyst for uncovering inconsistencies.
In many divorce matters, legal teams are increasingly reviewing digital trails as part of due diligence, especially in cases involving self-employment, earning capacity issues, including unemployment or underemployment, social media influencers, or individuals with unconventional income sources.
Harassment, Privacy, and Online Misconduct
Beyond financial or custody implications, social media behavior can trigger legal issues related to harassment, defamation, and privacy. Posts that target a former spouse, whether directly or through passive-aggressive commentary, can escalate conflict and, in some cases, violate court orders.
Courts take a dim view of litigants who use social platforms to shame, threaten, or intimidate others involved in the case. In some situations, judges have issued protective orders or restricted online speech when it becomes abusive to a party, child, or other individual, or disruptive to the legal process.
Moreover, sharing screenshots of private messages, court documents, or children’s photos in the context of an ongoing dispute may backfire, harming not only a party’s credibility but also their legal position.
Smart Digital Practices During Divorce
Given the increasing role of social media in family law, a thoughtful digital strategy is essential during divorce proceedings. Individuals going through a separation are strongly advised to pause before posting, and to reconsider using social media as a sounding board.
Avoiding any commentary on the divorce, the other party, finances, or children is a wise starting point. It’s also advisable to review and strengthen privacy settings, though users should remember that anything posted may still be captured and shared.
Lawyers play a key role in educating clients about these risks. Discussing social media boundaries early in the process can prevent avoidable damage to one’s case. In high-conflict matters, attorneys may also monitor the opposing party’s online presence and, when appropriate, request access to digital records during discovery.
Final Thoughts
Social media is a powerful tool, and in the context of divorce, it can help or harm in equal measure. As family law evolves alongside technology, courts are increasingly willing to consider online behavior as a reflection of personal character and credibility.
Ultimately, social media should be approached with caution during any family law matter. In a process already filled with emotional and legal complexity, the digital choices made today can shape the outcome of tomorrow. When in doubt, it’s best to keep private matters truly private, especially in the age of screenshots and subpoenas.
