In today’s digital world, sharing personal moments online feels second nature. But during a divorce or alimony case, social media activity can have serious consequences. In New Jersey, courts increasingly consider online behavior as evidence in family law proceedings. Whether you are seeking or paying alimony, what you post can affect how a judge views your finances, lifestyle, and credibility.
Social media can be a double-edged sword. It may support your position if it contradicts your spouse’s claims about their finances or lifestyle. However, it can just as easily harm your case if your own posts appear inconsistent with your financial statements.
For example, if you claim to need alimony but your posts show regular shopping trips or weekend getaways, a judge may question your credibility. Likewise, if your spouse claims to have limited income but posts about expensive purchases or lavish vacations, that evidence could strengthen your argument. Even posts meant as jokes or lighthearted updates can be taken out of context, so caution is essential.
Can My Social Media Activity Affect Future Alimony Modifications?
Yes. Even after a divorce is finalized, social media can influence future motions to modify alimony. If a paying spouse seeks to reduce support, they might point to posts suggesting the recipient has entered a new relationship or achieved financial stability. Conversely, a spouse requesting an increase could use posts showing that the paying spouse’s financial situation has improved.
Since New Jersey courts require proof of a “change in circumstances” to adjust alimony, social media often serves as a digital record of lifestyle and financial shifts. A single post can provide persuasive evidence of such a change.
How Do New Jersey Courts Authenticate Social Media Evidence?
Before admitting social media evidence, New Jersey courts must ensure that it is authentic and reliable. The party presenting it must show that the content is genuine, accurately represents what it claims, and originates from the person in question. Courts may use testimony, metadata, or corroborating details to verify authenticity.
Once authenticated, judges treat social media evidence like any other form of proof. They assess whether it is relevant to the issues in dispute and whether its value outweighs any potential prejudice or confusion it may cause.
Should I Stop Posting During My Divorce?
It is strongly recommended that you avoid social media while your divorce or alimony case is pending. Even harmless posts can be misinterpreted. A photo from a dinner out, a vacation, or a new purchase can contradict claims of financial strain or create an impression of dishonesty.
Adjusting privacy settings may not be enough. Private posts can still be accessed through subpoenas or screenshots. The safest option is to refrain from posting altogether until your case concludes. Taking a social media break can help you protect your privacy and credibility in court.
A Toms River Divorce Lawyer at Zeigler Law Group, LLC Offers Professional Guidance and Representation
If you are facing a divorce or alimony issue in New Jersey, contact a Toms River divorce lawyer at Zeigler Law Group, LLC for trusted guidance and representation tailored to your situation. Call today at 732-361-4827 or fill out our online form for a free consultation. We have offices in Toms River, Red Bank, Princeton, and Mount Laurel, NJ.