By Bob Kornitzer, Esq. & Véronique Malka, Esq.
You know the saying, “What happens on the internet, stays on the internet”? Well, it really doesn’t. Especially not when you’re going through a divorce.
In today’s world, social media isn’t just a highlight reel—it’s a cross-examiner’s dream. From the Bahamas to brunch, every like, tag, and comment can potentially become Exhibit A in a courtroom.
Here’s how your Instagram feed might become the most talkative witness in your divorce:
Financial Discrepancies:
“Poor Me” Doesn’t Go With Private Jets! Imagine this: One spouse claims they can barely afford instant noodles, while their Facebook is a nonstop slideshow titled “Bali Baby 2025!”
Judges aren’t easily fooled. Posts flaunting designer shopping sprees, luxury vehicles, or the third beach getaway in two months can seriously undercut claims for reduced support payments.
Real-ish example:
“Jason claimed financial hardship in court… until he live-streamed front-row seats at the Super Bowl with the caption ‘#WorthEveryPenny.’ The judge agreed—just not in the way Jason hoped.”
Lifestyle & Behavior:
Instagram Aesthetic vs. Real Life
Social media tells stories. And in divorce court, it tells all the stories—like that Friday night when you captioned a party video “Finally free and child-free!” So, if your online persona screams YOLO more than PTA, it can raise eyebrows when questions of spousal support or responsibility come up. If your Instagram makes you look like a contestant on Love Island rather than a devoted co-parent, expect questions. Tough ones.
Custody Battles:
Parenting by Hashtag? Not Advised. When custody is at stake, courts look at how you parent—and social media can be a window into your daily life. Posts showing intoxication, absence from your child’s life, or trash-talking your co-parent? Not a good look.
Real-ish example:
“Melinda posted a TikTok dance challenge with her toddler at 11:30 PM, holding a glass of wine, captioned: ‘School night school night.’ The judge didn’t find it cute.”
Authentication:
No, You Can’t Photoshop Your Ex Into a Fight
Before you panic over that blurry Halloween photo from 2018—take a breath. Courts require social media evidence to be authenticated. That means timestamps, IP addresses, metadata, and witness testimony may all come into play. Judges aren’t IT experts, but they do expect you to bring the digital receipts.
Important Considerations- Privacy Isn’t Protection: Think your posts are safe because your profile is private? Think again. Subpoenas, screenshots, and mutual friends can make even your “close friends” story fair game.
- Relevance Rules: Your whole feed won’t be dissected—only what’s relevant to the case. Still, you’d be amazed what qualifies when money or kids are involved.
- Authenticity Counts: That fake message thread you “found”? It better be real, or it’s not coming in—and it might even hurt your credibility.
Final Thoughts:
Social media is today’s diary—except it’s searchable, sharable, and subpoena-able. If you’re in the middle of a divorce, your digital persona may come under just as much scrutiny as your finances and parenting. Unless you want your latest meme to become part of legal history, our advice is simple: Post less, think more, and lawyer up.
QUICK Divorce Court Social Media Survival Guide
- Pause Before You Post
Ask yourself, “Would I want this read aloud by a judge in open court?” If not—delete (or better yet, don’t post). - Audit Your Digital Footprint
Do a social media deep clean. That edgy tweet from 2011? Probably not worth it. - Tighten Privacy Settings
It’s not foolproof, but every bit helps. Just know: if it’s online, it’s findable. - Talk to Your Lawyer First
Thinking of deleting posts? Talk to counsel first. Deleting evidence during litigation can backfire—badly.
Bob Kornitzer, Esq. is a seasoned family law attorney based in New Jersey, known for his practical advice and courtroom experience. Véronique Malka, Esq. is a cross-border lawyer practicing in New Jersey and Ontario, and specializing in international divorces, child abductions, and relocation matters.
