The Role of Social Media In Family Law

The impact of social media on our lives in this age of digital communication is undeniable. Family law issues, including divorce, alimony, child custody, property distribution, and other issues involved in the realm of family law, can be dramatically affected – both positively and negatively – by social media. If you are in the midst of a family law dispute or negotiation and share information online, it can shape how others view you, including adversarial lawyers, family members, and the court. 

Family law issues that can arise within a family include the following:

• Divorce is the process of terminating all legal ties with your spouse, and in Maryland, it can be based on irreconcilable differences, mutual consent, or a separation lasting at least 6 months.
• Alimony, simply defined, refers to a spouse’s obligation to pay, or right to receive, money. In Maryland, there is no specific formula for determining whether a spouse should receive alimony. Rather, Maryland Family Law Courts evaluate a number of factors, including the party seeking support’s ability to be self-supporting; the time necessary for the party seeking support to obtain sufficient education or training to become self-supporting; the duration of the marriage; the ages of each party; and other circumstances. 
• Child Custody refers to which parent will have legal and physical custody of the children. Legal custody generally refers to decision-making authority, and physical custody is often referred to as parenting time. When deciding child custody, Maryland Family Law Courts consider a number of factors known as the “best interest factors” to make a custody decision in the child’s best interests. These include factors such as the child’s health and welfare; the child’s relationship with each parent and any siblings; the child’s developmental needs; the child’s day-to-day needs; and the location of each parent’s home relative to the child’s school and activities.
• Child Support is generally based on Maryland’s Child Support Guidelines. However, these Guidelines do not apply in all cases, such as high-asset divorces. Generally, parents must pay child support until the child’s 18th birthday, or until the child’s 19th birthday if the child is still enrolled in high school. Generally, the parent who has primary physical custody of the child will receive child support from the other parent. Factors considered include each parent’s income, the number of children, the costs of childcare and medical insurance, alimony received and paid, and other expenses.
• Property Distribution is the process of dividing spouses’ marital property. Maryland law does not require a 50-50 split; rather, it follows the principle of equitable distribution. What is deemed equitable depends on the circumstances involved. Marital assets subject to property division include real estate, vehicles, furniture, appliances, electronics, bank and investment accounts, retirement accounts, pensions, and other assets.

Understanding How Social Media Influences Family Law Cases

Social media platforms such as Facebook, Instagram, X, and others serve as public forums where people often share details of their lives. In the context of family law issues, these forums can be scrutinized and used as evidence at trial. These social media posts also play a role in the so-called “court of public opinion” as friends, colleagues, and family members take sides.

It’s important, therefore, to be aware of and understand the often fine line between public disclosure and privacy concerns. 

Posts, photos, and comments may be used to evaluate your character, lifestyle, and values. Thus, it’s crucial to consider how these postings may affect your credibility and reputation during a family law proceeding.  Here are some basic considerations for using social media during a period when family law issues are being evaluated:

• Be Mindful of Your Content – Until your family law issue is resolved, be mindful of the content of your postings. Don’t comment on your legal status, don’t disparage the other party or parties, and don’t share private information that can be used against you. For example, if you’re in the midst of an antagonistic dispute with your spouse regarding alimony, avoid posting pictures of expensive vacations or new vehicles. Your spouse’s attorney is sure to be checking your social media and will use such information as evidence of why you can afford higher alimony than you claim in your court documents.
• Adjust Privacy Settings – To the extent possible, adjust your privacy settings to limit who can see your postings. 
• Think Before You Post – Many family law disputes bring out anger and hostility among affected parties, and the desire to hurt your spouse can sometimes take precedence over prudence. But it’s important to think before you post and carefully evaluate whether angry, intemperate words and accusations could be used against you in your family law proceedings. Negative comments about your spouse can actually reflect on your character.  
• Avoid Sharing Sensitive Information – The definition of sensitive information depends upon your particular family law issue. Sharing financial information or legal strategies would, in most cases, be sensitive information that you are better off not posting on social media platforms.

In summary, with the increasingly common use of social media, it is unsurprising that social media posts affect family law cases. It is not unusual to find parties in a family law matter weaponizing their posts to gain the upper hand. There is no presumption of privacy on social media platforms, so they are considered fair game by the courts when evaluating legal issues. Generally speaking, the best advice is to avoid posting altogether during the period when a family law issue is being adjudicated. While there are no blanket rules, if information on your social media post is compelling, it will influence the judge’s ruling.

Contact the Law Offices of Brandon Bernstein, LLC

Here at the Law Offices of Brandon Bernstein, we’ve handled various types of challenges related to family law, and we have a clear understanding of the ins and outs of social media postings and their impact on family law cases. Contact us today to see how we can help you.