Divorce Lawyers and Social Media: What You Can and Can’t Post

Why Social Media Matters in a Divorce Case

In today’s digital age, social media has become an integral part of daily life — but during a divorce, what you post online can have serious legal consequences. In divorce cases, platforms like Facebook, Instagram, TikTok, and even LinkedIn are increasingly being scrutinized by lawyers and courts as potential sources of evidence. A single post, comment, or photo can influence how a judge views your credibility, lifestyle, or financial situation.

Social Media as Admissible Evidence

In Ontario, anything you share publicly online may be introduced as evidence in a divorce proceeding. Courts can consider posts when assessing issues such as parenting ability, income, or even credibility. Screenshots of vacation photos, luxury purchases, or disparaging remarks about a former spouse have all been used to challenge claims made in court filings.

For instance, a spouse claiming financial hardship while posting photos of a recent shopping spree or international trip could raise red flags. Similarly, negative or threatening comments about the other parent could influence a judge’s view in a child custody dispute.

Real Examples from Divorce Cases

Family courts have seen growing instances where social media content plays a pivotal role. In one case, a father’s late-night party photos were submitted to question his commitment to shared parenting responsibilities. In another, a mother’s post about a new job contradicted her sworn affidavit stating she was unemployed — which led to a reassessment of spousal support eligibility.

Even private messages and deleted content can be uncovered through legal disclosure or digital forensics, making it essential for individuals to be mindful of their entire digital footprint.

The Role of a Divorce Lawyer in Managing Digital Conduct

An experienced divorce lawyer will advise clients on what not to post during the legal process. This includes refraining from sharing:

• Details about ongoing legal proceedings
• Financial gains or purchases
• New romantic relationships
• Any content that could be seen as hostile, irresponsible, or dishonest

Divorce lawyers often recommend suspending social media use entirely while a case is active or setting all accounts to private with restricted audience access. They also assist in reviewing existing online content and help craft statements or responses that align with a client’s legal position — avoiding emotional or impulsive digital behaviour.

What You Should Avoid Posting During Divorce

Avoid Posting About Finances, New Relationships, or Legal Proceedings

During a divorce, finances are under close scrutiny. Posting about promotions, expensive purchases, vacations, or lifestyle upgrades can contradict claims of financial need or inability to pay support. Even humourous or sarcastic posts can raise suspicion.

Equally important is refraining from sharing information about new romantic relationships. While you may have emotionally moved on, showcasing a new partner on social media could inflame tensions, especially if children are involved. It may also influence the court’s perception of your intentions, parenting focus, or timeline for separation.

Finally, do not discuss any aspect of your legal case — including court dates, settlements, or lawyer communications. Oversharing legal information not only violates the privacy of the proceedings but may be seen as an attempt to manipulate public opinion or pressure the opposing party.

Don’t Vent or Share Screenshots

It’s natural to feel overwhelmed, angry, or hurt during a divorce, but social media is not the place to vent these emotions. Posting rants, vague accusations, or passive-aggressive messages can escalate conflict and paint you in a negative light during court proceedings.

Also, never share screenshots of private messages, texts, or emails between you and your spouse or lawyer. Not only could this violate privacy laws, but it may also lead to legal consequences if the shared content includes sensitive or confidential information.

Posts Can Be Misinterpreted

Even innocent content can be twisted out of context. A photo of you enjoying a night out could be interpreted as irresponsible parenting. A meme shared in jest could be misconstrued as hostility. Once posted, even if deleted, your content can be captured via screenshots or digital archiving tools — making it permanent in the eyes of the court.

What’s Safe (and Sometimes Helpful) to Share

Keep It Neutral and Family-Focused

If you do choose to stay active online, aim for neutral and positive content. Sharing general family updates—such as a child’s school achievements, birthdays, or hobbies—can demonstrate your continued involvement and support as a parent. These kinds of posts help show the court that your focus remains on the wellbeing of your children, rather than on the conflict with your former spouse.

Be cautious, however, not to include any references to the other parent unless you’ve discussed it with your lawyer or have consent. Respectful co-parenting, even in a digital space, reflects positively on your character and helps minimize unnecessary disputes.

Share Positive Milestones Unrelated to the Divorce

It’s perfectly acceptable to post about non-divorce-related achievements, such as professional milestones, personal development, or community involvement. For example, sharing that you’ve completed a course, taken up a new hobby, or participated in a charity event helps highlight your personal growth and stability. These kinds of posts paint a well-rounded picture of your life outside of the separation.

Just be mindful of the tone. Avoid anything that could be perceived as boasting or passive-aggressive. Keeping things modest and positive helps maintain credibility.

When to Run Posts by Your Divorce Lawyer

If you’re unsure whether a post is appropriate, it’s always best to check with your divorce lawyer before publishing. Lawyers understand how certain content may be perceived by a judge or opposing counsel, and can help you avoid accidental missteps. This is particularly important if you’re involved in a high-conflict case, or if you’re navigating complex issues like custody or property division.

How Divorce Lawyers Help You Manage Online Risks

Monitoring Your Digital Footprint Throughout the Divorce

Your digital footprint includes everything from social media activity and public posts to shared photos, location tags, and even comments on other people’s pages. A skilled divorce lawyer will help you assess your existing digital footprint, identify any red flags, and recommend what should be removed, modified, or locked down. This proactive approach ensures that your online content doesn’t unintentionally contradict your legal claims or give the opposing party ammunition in court.

Divorce lawyers are also aware of local legal standards regarding the use of digital evidence and can help you understand what is admissible, what might be harmful, and how to respond if your ex-spouse presents your posts in court.

Advising on Privacy Settings, Post Deletions, and Account Use

Many people assume that simply deleting a post or setting their account to private is enough — but in legal proceedings, this can raise concerns about evidence tampering or transparency. A divorce lawyer will guide you on how to adjust your privacy settings properly, what to avoid deleting without legal advice, and whether it’s best to deactivate or limit account usage altogether.

Your lawyer may also advise against interacting with posts that reference your divorce, even if they come from friends or family. Silence, in many cases, is the best strategy when dealing with online discussions about your separation.

In high-conflict or high-asset cases, protecting your online image can be just as important as protecting your financial assets. With the support of a divorce lawyer, you can ensure that your case strategy extends beyond the courtroom — to the digital world where impressions are formed, and reputations can be won or lost.