Social Media Mistakes that Can Affect A Divorce Settlement.
Social media is integrated into nearly every aspect of our lives, from staying connected with friends and family to sharing our daily experiences. What many people may not realize is that an emotional post on social media in the heat of divorce can result in a significant impact on a settlement. More people are drawn to platforms like Facebook, Instagram, and Twitter to share aspects of their personal lives. Whether it is seeking emotional release or validation by venting about an impending divorce or disparaging a future ex-spouse, online posts can become a double-edged sword, having impacts on everything from asset division to custody battles. This blog will explore some of the common social media mistakes that can affect divorce settlements and provide guidance on navigating these challenges carefully.
Social Media Mistakes: Avoid potential negative impacts on a divorce settlement
Badmouthing Your Spouse Online is A Recipe for Disaster
In the heat of a divorce, it can feel all too tempting to vent frustrations on social media. However, it is absolutely not a good idea. Posting derogatory comments about a future ex-spouse can have serious repercussions.
When it comes to a custody battle, family courts generally prioritize the best interests of the children when making custody decisions and if a parent has been found to be bad mouthing the other on social media, it can be viewed as damaging to the child’s emotional well-being. A judge might view this behavior as a sign of poor judgment or potential unwillingness to effectively co-parent which could result in an unfavorable custody decision.
When in comes to asset division, negative comments about a spouse can create additional conflict. Hostility and resentment about negative online attacks can create an unwillingness to negotiate fair terms which can lead to an inequitable settlement. Derogatory posts can be used against parties in court and paint one side in a negative light and undermine credibility with a judge.
Financial Disclosures and the Hidden Costs of Flaunting Wealth
When going through a divorce, posts on social media can be used as evidence in court. Social media posts that show off new expensive purchases, vacations, or expensive hobbies can paint a picture of financial stability that may contradict claims made on the financial disclosure. This can lead to the perception that there might be additional marital assets than were disclosed, resulting in deeper scrutiny. These complications could potentially alter the asset division and possibly the amount of spousal support/alimony.
If one spouse is seen posting an extravagant lifestyle, it might influence a judge’s decision regarding spousal support. The court might feel that the spouse has a higher income or has greater financial resources.
Flaunting wealth on on social media posts can also impact the child support calculation. If a parent appears to have considerable financial means, the court may adjust child support payments accordingly, potentially increasing or decreasing the financial obligation.
Posting About New Romantic Relationships Before the Divorce is Finalized
Many factors are considered when determining the need for spousal support, the amount of spousal support, and the financial independence of each party. If one spouse is seen flaunting a new relationship online, a judge may assume there is additional financial resources and potentially reduce spousal support/alimony payments.
The judge might take into consideration some of the following items:
Adultery Claims: in certain jurisdictions, even in no fault states, if martial assets were used in a new relationship, before the divorce is final, that could influence the court’s decision on asset division and spousal support/alimony.
Impact on a Child’s Well-being: The court may raise concerns about the impact a new relationship might have on a child’s emotional state and mental health, which could be potentially affect custody and the spousal support/alimony calculation.
Parental Judgment: This is very important in custody battles. Social media posts about a new romantic relationship might be seen as poor decision making and could affect the court’s opinion of one’s parenting ability.
Division of Marital Assets: Posting about a new romantic relationship can create strong emotions of hurt, hostility and tension which can severely breakdown negotiations for a fair settlement.
Divorce is difficult enough without the added pitfalls of social media mistakes. As difficult as it might be, focus on maintaining a respectful approach. Understanding the potential consequences of venting online can help facilitate a smoother, less contentious process with more favorable results. Private matters regarding divorce are best kept private and off social media.
