Can Using Social Media Derail Your Divorce Asset Division?

 Posted on July 30, 2024 in Division of Assets

Social media and divorce are increasingly linked. Perhaps the use—or misuse—of social media contributed to these divorces, or perhaps the progression of a divorce is impacted by the use of social media. Today, 67 percent of attorneys use social media evidence against the other spouse during divorce proceedings.  

Perhaps contributing to the divorce itself, 35 percent of couples say they argue about social media posts monthly, and a full one-fifth of married people admit to feeling jealous of their partner’s social media interactions. But could social media posts actually have an impact on how marital assets are divided during the divorce? They not only can, but they do, on a regular basis.

Social media and divorce asset division may not sound like two things that have much to do with one another. If you believe this—and are in the midst of a contentious divorce—proceed with your social media postings at your own peril! Even better, speak to an experienced Naperville divorce lawyer who can advise you on the use of social media while protecting your half of the marital assets to the extent possible.   

How Are Marital Assets Split in Illinois?

Illinois is an equitable distribution state, which means marital assets are divided fairly but not necessarily equally. The court will take many factors into consideration, including:

• The financial contributions of each party to the marital estate
• Whether either party deliberately dissipated marital assets
• How long the marriage has lasted
• Each spouse’s current financial situation and their ability to support themselves after the divorce
• The health, age, income, skills, occupation, education, employability, liabilities, needs, and separate assets of each spouse
• How the parental responsibilities are divided
• Whether one spouse will receive spousal maintenance from the other
• The earning potential of each spouse
• The tax consequences of marital assets

The division of the marital home is unique in that it may be tied to which parent has the most parental responsibilities for the couple’s children. If there are no children, the marital home division comes down to which party really wants it and how the other party can be compensated for their half of the equity in the house.  

How Could a Social Media Post Impact the Split of Marital Assets?

It seems like the division of marital assets is fairly straightforward, but there is often one spouse who is simply not interested in a fair division—they want more than their fair share. Spouses have even been known to quit a good-paying job simply to avoid having to pay spousal support or child support. Assets may be hidden or could be dissipated.

If it is found that one spouse spent marital assets on infidelity, drugs, gambling, or another vice, the other spouse may be awarded a larger share of the marital assets as compensation. Spouses attempting to avoid paying alimony or giving their partner his or her fair share often make the mistake of posting a photo of their new boat or their vacation to Aruba on their social media page. These postings can be used to ensure that marital assets are fairly divided.

Contact a DuPage County, IL Asset Division Divorce Lawyer

If you believe your spouse’s social media pages can offer insight into the level of assets they actually have, let your attorney know so they can use this information to ensure you receive a fair share of the marital assets. If you have posted something on social media that looks bad—but actually is not, again, let your attorney know so the post will not be held against you during asset division. Having an experienced Naperville, IL asset division divorce lawyer as your advocate during your Illinois divorce is crucial to a fair split of marital assets. Contact Calabrese Associates, P.C. at 630-393-3111 to schedule a consultation to discuss your divorce issues.