When you are going through a separation or divorce, it may be tempting to vent your frustrations with your soon-to-be ex on social media. While this might seem like an attractive way to cope with the stresses involved with getting separated, there are several things to keep in mind before you run to the keyboard.
Social Media Evidence and Support Claims
The most important thing to be aware of is that social media posts are often used as evidence in family court proceedings.
Litigants may resort to social media for “lifestyle evidence” to show that someone is living a lifestyle beyond their purported means. This might include screenshots of social media posts where the individual is going on vacations or shopping trips, driving expensive cars, or wearing designer brands.
If you are a payor of support, such evidence might be collected and used by the other party to argue that you are making more money than you are claiming on paper.
This was the kind of evidence that was relied on in C.V. v. S.G. 2026 ONCJ 48, wherein the court relied on social media posts of the father to impute him an income of several million dollars, which was consistent with the luxury lifestyle he lived. See our blog on the case linked HERE for more details.
On the other side, if you are making a needs-based spousal support claim, such social media posts could be used to argue that given your lifestyle, you are not in financial need of support. Someone who is making a spousal support claim should also be wary of posting about a new romantic relationship. It can be argued that moving in with a new partner means that a person’s level of financial need may decrease, if they are sharing living expenses with the new partner.
Other Uses of Social Media Evidence
If you are a parent, it is advisable to be cautious in what you post of social media and what you allow yourself to be tagged in. Pictures where you are depicted using drugs or alcohol, or even associating with individuals that would be considered a “bad influence”, can be used as evidence by the other party to question your fitness as a parent.
Parties who are going through the separation process should also always refrain from slandering their partners online. Not only is this kind of behaviour generally frowned upon by the Court, but it can also be used as evidence that one is harassing their partner. It is not uncommon for spouses with children to seek orders that they will not speak badly about each other to the children or to others within the presence of the children. The need for such orders can be substantiated by submitting these kinds of posts where one spouse is denigrating the other for online viewers.
Social Media during Trial
If you are about to go through a trial in your family law matter, be aware that you should not be posting or speaking about anything related to the trial while the trial unfolds.
Judges will typically caution the parties of this rule, and it should be kept at the front of mind before and during the trial process.
Overall
Even if you have a carefully curated list of followers or friends who can view your profile, the saying that “the internet is forever” has some vital truth to it in the realm of family law. It could take as little as one person sharing their phone with your spouse for your spouse to have access to your social media account, and all the contents therein.
As such, we recommend that you seek out the advice of a family law practitioner regarding proper social media etiquette during the separation process.
Attention Legal Counsel: Professional Mediation Services
When your clients have reached an impasse in settlement discussions, Andrew Feldstein offers third-party mediation services specifically designed for cases where both parties have independent legal representation.
Why lawyers refer cases to Andrew:
- 30+ years family law litigation experience providing courtroom-informed reality testing
- Expertise in complex financial matters including business valuations and professional corporations
- Efficient, structured process that respects counsel's time and maintains client relationships
- Flexible scheduling including virtual mediation and travel to counsel offices
Cases we handle: Negotiation stalemates, complex asset division, support calculation disputes, parenting arrangements, multi-jurisdictional matters, and post-separation modifications.
Refer your next mediation: Call Andrew directly at 905-415-1635 ext. 255 or email info@separation.ca. Virtual and in-person sessions available throughout the GTA.