Announcing Your Separation on Social Media. Yes or No?

By Ryan C. Baker and Zachary D’Amico

Social media is everywhere and almost everyone in Canada has access to it or utilizes it. For most people, turning to social media to complain, vent, and find solidarity during a difficult time is very common. That said, when it comes to expressing your displeasure about your ongoing legal matter, posting anything online could actually be more harmful than helpful. It’s critical to remember that anything that you write or post online can be considered by the Court in litigation arising out of the separation. This includes, but is not limited to, photographs, status updates, tweets, comments, private messages, etc. In short, the best thing one should do is keep your separation off of social media.

Recently, there has been an increase in celebrities publicly announcing separations via social media. Contemporary illustrations include: Prime Minister Justin Trudeau and his split from Sophie Gregoire; Tom Brady and his now ex-wife Gisele Bündchen; Ricky Martin and his ex-spouse, Jwan Yosef; Joe Jonas and Sophie Turner; and lastly, Wolverine actor, Hugh Jackman and his wife of 27 years, Deborra-Lee Furness.

Whether a celebrity or not, all family law clients could benefit from the following tips concerning social media in the midst of a separation:

1. Taking to social media to complain about your ex-spouse. Badmouthing or harassing your ex-partner can make you look unstable, unreliable, and potentially unlikely to cooperatively co-parent children.
2. Showing off a new partner or publicly changing your relationship status online.This is especially important whenever there are children involved.Caution, respect, and an emotionally sober approach to introducing a new partner to children is of extreme importance.
3. Showing off new expensive purchases/vacations. Calculating income for the purposes of determining support includes reference to lifestyle and spending and this could have an impact on the support that you pay or receive.
4. Signing into your ex-partners accounts. This is an obvious one. If you know your ex-partner’s passwords, do not sign into any of their accounts.It is both illegal and disrespectful to engage in this conduct. This happens more often than you might think.
5. Texting your ex-partner regarding the proceedings and your feelings towards them. It is common for parties to text or communicate with one another throughout the proceedings, despite hiring counsel. It is also common to express or state your feelings about your ex-partner. Ensure you refrain from communicating or posting anything that could potentially impact your desired outcome in the case as your communications may – and often will – find their way before a judge one day.
6. Involving your children. This is one of the biggest issues that we notice with separating clients who have children. Children are usually thrown into the melee during a separation. The bottom line is that separations are adult matters and should only involve the parties who are separating. Keep the children out of it as much as possible.

If you have any questions or inquiries about your separation and social media, do not hesitate to reach out to Ryan Baker at rbaker@sorbaralaw.com or by phone at 519 836 1510 ext 222.