Updated May 10, 2025
Social Media and Separation: 5 Key Dos and Don’ts to Protect Yourself
Separation is a sensitive and often emotionally charged time. While it’s natural to want to share your experiences or seek support online, how you use social media during a separation can directly impact your legal case.
At Jennings Family Law in Calgary, Alberta, we regularly advise clients on the importance of protecting their digital presence. Social media content can—and often does—become part of family law proceedings, especially in disputes over parenting, income, and disclosure of assets.
Here are five of the most important dos and don’ts when it comes to social media during a separation.
1. Do Assume Everything You Post Can Become Evidence
Every photo, comment, and post can be treated as a legal document.
Social media content is regularly introduced in family court as evidence. Posts can affect rulings on:
- Parenting time and decision-making authority
- Income determination
- Hidden assets or liabilities
Even if your account is private, courts may still allow opposing counsel to access relevant material.
2. Don’t Rely on Privacy Settings to Shield You
“Private” doesn’t mean “undiscoverable.”
During Questioning or Examinations for Discovery, lawyers can request access to your private messages, photos, and comments—especially if they’re relevant to parenting capacity or financial honesty. Courts generally prioritize discoverability over privacy in family law.
3. Do Think Before You Post—Your Judgment Is on Display
Courts consider social media when assessing your credibility and judgment.
Photos of reckless behavior, substance use, or lavish spending can raise red flags, even if taken out of context. Opposing counsel may use posts to argue that you lack stability or financial transparency. Avoid anything that could undermine your case.
4. Don’t Discuss Your Separation or Your Ex Online
Avoid venting on social media—especially about your former partner.
Comments made in frustration can quickly be weaponized in court. Judges expect separating spouses to act in the best interests of their children and to communicate respectfully. A single inflammatory post can damage your position in negotiations or hearings.
5. Do Talk to Your Lawyer About Existing and Future Content
Deleting old posts might not be an option—preservation of evidence matters.
Lawyers have a duty to preserve evidence, including digital content. At Jennings Family Law, we advise clients to review their online presence early in the separation process and to avoid posting anything that could create risk. It’s also important to discuss whether any content might need to be disclosed.
Final Thoughts: When in Doubt, Stay Offline
Social media may seem harmless, but during a separation, it can complicate your legal path. We’ve seen social media content directly affect court outcomes—both positively and negatively.
If you’re unsure about your exposure, contact Jennings Family Law to discuss how your digital presence might impact your separation. A proactive legal strategy includes understanding how the court may view your online activity.
If you live in the Calgary area and need assistance with any matters concerning divorce or separation, the experienced family lawyers at Jennings Family Law can help you. Call (403) 316-0138 to request a confidential consultation, contact us directly online, or email Warren Jennings directly at warren@jenningsfamilylaw.com.
