Social media can impact high-asset divorce cases. For example, posts, photos, messages, and other online activity may serve as evidence and affect asset division and a spouse credibility. Social media activity may offer insight into a spouse’s lifestyle, spending habits, and even whether he or she is hiding assets. It can alter the emotional and mental tenor of a divorce, shaping negotiations between spouses.
An Illinois divorce attorney can help with your split. Call Silberman Law Group at (312) 593-0075 for guidance in the Glencoe area.
The Role of Social Media Evidence in High-Asset Divorce Cases
In high asset divorces, social media can influence everything from dividing retirement accounts to determining whether a spouse mismanaged marital funds. The more assets involved, the more opportunities there are for posts to reveal undisclosed property, lavish spending, and inconsistencies between what a spouse reports and what a spouse does.
Even with iron-clad prenups, social media can affect how courts and spouses interpret income reports, dissipation and lifestyle claims, and a person’s transparency.
Lifestyle and Spending Patterns
In a high-asset divorce, a spouse’s lifestyle can directly impact child or spousal support issues. If a spouse claims financial hardship while posting photos of luxury vacations, an attorney may use these posts to undermine the spouse’s credibility. Even if the money that funded the vacation may be a gift or a business expense, it can suggest undisclosed income or assets.
A Spouse Who Hides Assets
A spouse who hides assets may unintentionally reveal evidence through social media. For example:
- Posting a photo in front of a new car titled in someone else’s name
- Showing a renovated investment property that the spouse did not disclose
- Announcing business ventures, speaking engagements, or high-value hobbies
- Posting about a vacation while claiming limited resources
Parental Fitness and Conduct
Social media can influence parenting decisions, which may influence settlement dynamics. Posts that show a spouse dating someone, partying excessively, behaving in a risky way, or making negative comments about the other parent could influence spousal discussions or the court’s custody decisions.
Business-Related Conduct
About 1.3 million small businesses operate in Illinois. Sharing or oversharing about a business could contradict a spouse’s disclosures or valuations. Even casual posts about travel, meetings, or investments can hint at hidden business interests.
If you are trying to safeguard a business during divorce, be careful about all online posts, especially those to do with company revenue, employees, and expansion plans.
How Posts, Photos, and Messages Can Affect Asset Division
Social media evidence may contradict a spouse’s claims or financial disclosures. Illinois is an equitable distribution state, and courts look to divide assets fairly. They do this based on factors such as the spouses’ respective incomes, marital and nonmarital property, contributions as a homemaker or caregiver, the standard of living during the marriage, the tax consequences of the division, and a prenuptial agreement or any prior agreements.
Photos and Videos Can Contradict Financial Claims
Photos and videos posted on social media often provide timestamped evidence of property ownership, vacation homes, boats and luxury vehicles, designer clothing and jewelry, and extravagant dining or travel. Even if a spouse deletes posts, a screenshot or archived version may exist.
If a spouse claims minimal income but posts evidence of a lavish lifestyle, a judge may give more attention to the spouse’s reported earnings and ask for more supporting evidence. The result could be a bigger support obligation or a larger share of assets going to the other spouse.
Posts Showing New Purchases May Serve as Evidence
High-asset divorce cases frequently involve disputes over marital vs. nonmarital property. Posts may reveal purchases one spouse made with marital funds. Social media activity may hint that one spouse transferred assets to friends, family, or business partners, or made investments without the other spouse’s knowledge.
Even a simple caption such as, “Just bought my dream watch!” can raise questions about financial transparency. If timing suggests the purchase occurred shortly before or during the divorce, the court may consider it an attempt to dissipate marital assets.
Dissipating marital assets means intentionally using, hiding, spending, or transferring marital money or property for a purpose unrelated to the marriage when the relationship is ending. Dissipation can include spending large amounts on luxuries, gifts, travel, gambling, or secret purchases once the marriage is in trouble or divorce is imminent.
Location Tags and Check-Ins May Reveal Travel and Spending
These digital breadcrumbs can reveal frequent travel not reported in financial disclosures, trips with a hidden partner, stays at high-end hotels, and purchases one spouse made during travel. This evidence can affect the court’s view of a spouse’s credibility and honesty.
Private Messages and DMs Can Be Discovery Gold
Messages and DMs may be discoverable evidence. Even deleted conversations can sometimes be recovered from backups, screenshots, or the other party’s device. Attorneys frequently use private messages to uncover plans to hide assets or shift money. They may read conversations with accountants or business partners, and uncover admissions of financial wrongdoing. Attorneys might find evidence of infidelity and discussions about unreported income sources.
In a high-asset divorce, messages that show an intent to conceal assets or mislead the court may lead to sanctions and other harsh consequences.
LinkedIn and Other Profiles Can Reveal Business Interests
LinkedIn, in particular, can be a wealth of information about business roles, new partnerships, executive positions, income-generating ventures, and side businesses. If a spouse’s LinkedIn profile features titles or companies he or she failed to list in financial disclosures, an Illinois divorce attorney could use that information to uncover additional income streams or business interests.
Cryptocurrency and Online Investment Clues May Suggest Undisclosed Accounts
Divorce lawyers often use social media posts to subpoena cryptocurrency exchanges, digital wallets, or brokerage firms. Even casual posts about trading wins, new investment platforms, or market speculation can alert a high asset divorce lawyer to hidden digital assets.
Protecting Your Privacy During Divorce
Protecting your privacy is not just about avoiding embarrassment. It is also about preventing misunderstandings, helping financial negotiations, and preserving the legitimacy of your legal strategy.
Avoid Posting Anything About Your Personal or Financial Life
Even seemingly harmless posts are easy to misinterpret. During divorce, consider a complete pause on all social media activity. Barring that, a pause on the following types of social media posts would be wise:
- Vacations and trips
- Large purchases
- Financial gains or business successes
- Expensive gifts
- Dating or new relationships
Your spouse’s attorney may argue that a post reflects income, spending, or lifestyle discrepancies. The post may become evidence.
Adjust Privacy Settings, But Do Not Rely on Them
Digital evidence in divorce cases has tripped up many spouses. Turn off location services, automatic check-ins, and tagging permissions, but do not lower your guard. One reason to completely pause social media activity is the fact that privacy settings help but do not guarantee safety. Even friends can screenshot private posts or share them with someone in your spouse’s circle. Lawyers can also retrieve posts through legal means, and apps or cloud backups may save posts.
Take Care With Business Posts
If you are trying to protect a business in a divorce, avoid sharing profit milestones and client wins. Be careful with announcements about expansion, hiring updates, and new investments or partnerships. These posts could lead to questions about valuation, revenue, and hidden income streams.
Avoid Discussing the Divorce Online
Talking about your case publicly, even indirectly, can affect negotiations, paint you as combative or uncooperative, and create unnecessary tension. It may give the other side leverage if you appear to admit wrongdoing or make claims that contradict your filings.
Stick to neutral and factual communication with your spouse during the divorce. Anything aggressive, emotional, or suggestive can be taken out of context. Assume every message may eventually be read aloud in court.
Review Old Posts for Issues
Being aware of what exists helps your lawyer prepare for what could happen.
Social media may impact high-asset divorce in many ways. An Illinois divorce attorney can help. Contact us at Silberman Law Group for assistance in Glencoe.
FAQs on How Social Media Can Impact High-Asset Divorce Cases
How can social media activity influence a high-asset divorce case?
Social media activity can offer evidence of spending, lifestyle, hidden assets, business interests, and behavior that contradicts financial disclosures or legal claims.
What types of social media evidence are admissible in court?
Courts may admit posts, photos, videos, messages, location data, and metadata as long as the evidence is legal and relevant.
How can I protect my privacy while going through a high-asset divorce?
Avoid posting, and tighten your privacy settings. Do not discuss your divorce online, and review old posts for problematic areas.
