Social media accounts and posts can impact the divorce process in a variety of ways. If you are preparing to go through a divorce in Illinois and you have an active social media presence (and/or your spouse has an active social media presence), it will be important to understand what this means—or could mean—for your divorce. Here are some key considerations:
3 Examples of Ways Social Media Posts Can Impact the Divorce Process
The first thing you need to know is that social media posts can be used as evidence during the divorce process. Even if your divorce doesn’t end up in court, you (or your spouse) may be able to use social media posts to establish key facts that will play a direct role in the outcome of your divorce. Some examples of ways social media posts can impact the divorce process in Illinois include:
1. Disclosing Hidden Assets and Raising Questions About Spending
Social media posts can inadvertently disclose hidden assets and raise questions about spending. Divorcing spouses have a mutual obligation to disclose all assets and income sources at the outset of the divorce process, and excessive spending during the divorce process can impact both property division and alimony. As a result, travel photos, photos that show hidden assets in the background, and photos that otherwise disclose assets or expenditures that are pertinent to a couple’s divorce can play a major role in the divorce process.
2. Raising Potential Concerns Regarding Children’s “Best Interests”
In Illinois, establishing a post-divorce parenting plan involves making informed decisions based on the best interests of the couple’s children. This involves applying Illinois’s “best interests” factors, which include:
- The parents’ mental and physical health;
- Any threats of physical violence by either parent directed against the other or against any member of the child’s household; and,
- Each parent’s willingness and ability to place the child’s needs ahead of his or her own.
Social media posts that contain threats; that document drunken nights out; or that otherwise document conditions, occurrences, or events that are pertinent to Illinois’s “best interests” factors can have a direct impact on the establishment of parental rights during the divorce process.
3. Contradicting Statements Made During the Divorce Process
Social media posts that contradict statements made during the divorce process can have various impacts as well. This includes statements regarding all aspects of the divorce process—property division, debt division, alimony, child support, and parenting time. For example, if a spouse claims to not have any sources of supplemental income but then discusses a side gig online, this could impact the determination of both alimony and child support.
What To Do (and What Not To Do) with Your Social Media During Your Divorce
With all of this in mind, what should spouses do (and not do) with their social media accounts during their divorce? Here are some social media dos and don’ts:
What To Do with Your Social Media Accounts
- Set your social media accounts to private
- Block or remove any connections that you do not know and trust personally
- Review any posts in which you are tagged and untag yourself if necessary
- Be very careful about what you post and avoid posting if possible
What Not To Do with Your Social Media Accounts
- Do not post any comments about your divorce
- Do not post any comments about your spouse
- Do not post any complaints about managing your children’s schedules
- Do not post any photos of new purchases
These are just examples. Every couple’s circumstances are unique, and the specific circumstances of your divorce will determine what makes sense (and what doesn’t) in your particular case. For example, in some cases, it may make sense to change social media account passwords as well; and, if your spouse has posted photos or comments that are pertinent to your divorce, you may want a divorce lawyer to preserve copies of these posts so that you can use them to your advantage if necessary.
What if a Social Media Account is a Financial Asset?
Under Illinois law, divorcing spouses are required to divide their marital assets equitably. If you or your spouse has a social media account that produces income—whether through advertising revenue, product ambassadorship, or as part of a larger business—the account could be an asset that is subject to division in your divorce.
Income-producing social media accounts can impact alimony and child support calculations as well (and, if you rely on your social media presence for some or all of your income, the “dos” listed above may not apply). As a result, this is a very different scenario from one in which both spouses solely use their social media accounts for personal purposes.
When a social media account is an income-producing asset or part of a larger business, it may be necessary to value the account during the divorce process, and both spouses will need to think carefully about how to handle the account during their divorce. For example, if the profitability of a social media account relies heavily on one spouse’s online presence, it may make sense for that spouse to retain ownership of the account and give up their rights to another asset of substantially equal value in exchange.
But, this is just one of several possibilities. As with all aspects of the divorce process, informed decision-making is essential, and both spouses must focus on what makes the most sense for the future. If you need to know more, we invite you to contact us for a free consultation.
Need to Know More? Schedule a Free Consultation with Lake County Divorce Lawyer Deanna J. Bowen
Do you have questions about how to deal with social media-related issues during the divorce process in Illinois? If so, we encourage you to get in touch. To schedule a free consultation with Lake County divorce lawyer Deanna J. Bowen, please call 847-469-4711 or tell us how we can get in touch online today.
