Social Media Missteps in High-Net-Worth Divorce Cases

With texting, email, and Facebook Messenger rising in popularity as methods of communication in relationships, so is their use as divorce evidence. Chicago divorce attorneys used to look for evidence in files, notebooks, ledgers, memos and photo albums. Now, we also look at emails, text messages, Facebook, LinkedIn, Snapchat, Twitter, Instagram, YouTube, and even Pinterest for divorce evidence. Attorneys also refer to this social media evidence as “Electronically Stored Information” (or, ESI).

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Today, most aspects of our lives are documented and captured somewhere as electronically stored information – from online financial records and health information to various communication through emails, text messages, and social media posts.

If you or your spouse has filed for divorce, know that you must preserve, and if asked, produce all your electronically stored information including things like social posts or Facebook Messenger. This means that many forms of ESI will be subject to review in a divorce and could be admitted into court as evidence.

The Risks for High-Net-Worth Individuals

If not handled with caution, social media can pose significant risks to high-net-worth individuals going through a divorce.

Social media platforms are public forums where personal opinions, photos, and activities are easily accessible. High net worth individuals often have substantial public personas or professional reputations to uphold. During a divorce, posts or interactions on social media can be misconstrued or used against them in legal proceedings. Opposing counsel can even seemingly scrutinize innocuous posts to portray a negative image or suggest inappropriate behavior.

Common Social Media Missteps

There are some commonly seen social media mistakes in a divorce case. They include sharing personal information, posting negative comments about the ex-spouse, displaying extravagant spending or spending habits. These missteps can influence decisions regarding asset division, spousal support, and dissipation claims. For example, if a party is claiming to have insufficient funds and is seeking maintenance, but the party is posting on Facebook that they are going on expensive vacations all the time, this damages the person’s credibility.

Another common example that we see in a divorce case is when a parent posts on social media regarding interactions with the children. This can raise issues when it comes to the allocation of parental responsibilities, including parenting time and decision-making. For example, a parent posting a picture or video that they took while they are driving their car with a child in the car can raise serious questions about the child’s safety.

Finally, divorces are emotionally challenging to all involved. Many people turn to social media to vent their frustrations about the process or about an ex-spouse. However, doing so can exacerbate the stress by providing a platform for impulsive or emotional reactions. Engaging in confrontations online can prolong conflict and complicate negotiations.

Legal Implications of Social Media in High-Net-Worth Divorce

In Illinois, as in many states, social media content is increasingly being used as evidence in divorce cases. Depending on what you share on the social media site, making missteps on social media can have far-reaching implications and consequences legally. Courts can, and likely will, use this evidence for issues of asset division, parenting time, parenting decisions, spousal support, and more. It is essential for parties to be mindful of how their online presence may reflect on their reputation, their financial status, and their parenting abilities.

Best Practices for Social Media Use

Whether you are going through a divorce or other legal matter or not, we always recommend to make sure your privacy settings are enabled on your social media profiles. Also, making sure you are not adding strangers to your Friends list is a general Internet safety tip that becomes especially important when a legal case arises. However, privacy settings are not a perfect solution, and should be used in addition to engaging in more discretion than perhaps one has done in the past.

If possible, try to stay off of social media as much as possible. Going through a divorce puts a lot of stress on the parties and any children. Instead of leaning on social media platforms for an escape from the stress, instead prioritize time with loved ones and limit your screen time.

Conclusion

Every online interaction has the potential to affect legal outcomes, financial settlements, and personal and professional reputations. By exercising caution, seeking professional advice, and prioritizing discretion, individuals can mitigate the risks associated with social media missteps during this challenging period.

Navigating the complexities of divorce, especially for high-net-worth individuals, requires strategic legal counsel. Attorneys experienced in family law and digital evidence can provide guidance on managing a social media presence during divorce proceedings. Developing a clear strategy for online activity, including guidelines on what to share or refrain from sharing, can safeguard against unintended consequences.

Protect your assets and reputation during your divorce. Consult with Anderson Boback & Marshall to get expert advice on navigating social media and ensuring your best possible outcome. Contact us today to secure your future.

Frequently Asked Questions About Social Media in High-Net-Worth Illinois Divorce Cases

Can private social media posts still be used in an Illinois divorce?

Yes. Privacy settings limit who can see content on a platform, but they do not shield that content from the divorce process. Posts, photos, messages, and activity logs can be requested through formal discovery. Courts treat social media the same as any other electronically stored information, regardless of the privacy level on the account.

What happens if I delete old social media posts or messages during a divorce?

In Illinois divorce cases, parties have a duty to preserve electronically stored information, including social media content, and to produce it if requested. This duty can apply when litigation is reasonably anticipated, not only once a case has been filed. Deleting posts or messages after the duty attaches can lead to a finding of spoliation of evidence, which is the intentional, reckless, or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding. The safer path for anyone weighing changes to an account is to pause and raise the question with an attorney first.

Can I Access My Co-Parent’s Email or Social Media to Find Evidence in Illinois?

No. Unauthorized access to another person’s email, social media, or digital accounts may violate both federal law (the Computer Fraud and Abuse Act) and Illinois law. Even if you discover damaging information, it may be inadmissible, and you could face criminal liability for obtaining it. The proper approach is to obtain digital evidence through formal legal discovery channels, including requests to produce documents under Illinois Supreme Court Rule 214 and requests for admission of genuineness. Your attorney handles this process to ensure the evidence is obtained lawfully and admissibly.

What types of social media posts tend to affect high-net-worth divorce cases the most?

Posts that contradict what is being claimed in the case tend to carry the most weight. A common example is a party seeking maintenance on the basis of insufficient funds while posting about expensive vacations, which affects credibility. Posts showing extravagant spending, negative comments about a spouse, and content involving the children can all come up in decisions about asset division, spousal support, dissipation claims, and parenting responsibilities.

Can social media affect child custody or parenting time decisions?

Yes. Illinois courts decide parental responsibility and parenting time based on the best interests of the child, and social media content is regularly part of that analysis. The parent article gives the example of a parent posting a photo or video taken while driving with a child in the car, which raises questions about the child’s safety. Negative comments about a spouse, which the article identifies as a common social media misstep in divorce, can also come up in custody decisions.

What should I do if my spouse is harassing or threatening me online?

Illinois law treats digital harassment as a serious issue, and several remedies may be available depending on the nature of the conduct. Orders of protection are available for harassment, threats, stalking, and intimidation, and can require the other party to stay away from the protected person’s home and workplace and to stop contact. Preserving the content helps support any of those paths, which generally means saving timestamped screenshots that show the username, the content, and the date, along with the original posts or messages where possible. Responding publicly or retaliating online tends to complicate the situation, because that activity becomes part of the record too. An attorney can help identify which remedy fits the situation.

Can posting about a new relationship affect spousal support?

It depends on what the posts show. Whether someone is paying or receiving support, the issue that affects maintenance in Illinois is not dating a new partner. Illinois law terminates maintenance when a person cohabits with another on a resident, continuing, conjugal basis, meaning they live together on an ongoing basis as if they were a married couple. Factors that tend to show cohabitation include sharing a residence, sharing finances or household bills, traveling together, and spending holidays together. Social media activity is part of what courts look at, including relationship status changes and posts that suggest the two people function as a household. Posts from the new partner and posts tagged by friends or family count the same as anything the parties post themselves.

How can I protect myself on social media during a divorce without deleting everything?

A few adjustments make a difference. Reviewing privacy settings and removing connections not recognized are the baseline, which the parent article covers. Beyond that, reviewing what others can post, disabling tagging where possible, and turning off location tagging on photos are worth considering. Pausing new posts about finances, travel, the children, the case, or a spouse, and leaving existing content in place are the adjustments that tend to serve clients best.