In today’s digital world, it’s almost second nature to post life updates on Instagram, vent frustrations on Facebook, or send emotionally charged texts during difficult moments. But when you’re going through a separation or divorce, your online activity can have real legal consequences.

In Ontario family law, digital evidence, including social media posts, emails, and text messages, is increasingly being used in disputes over parenting time, support, and property division.

1. Social Media Is Admissible Evidence

Yes, what you post online can be used against you in court. Ontario judges have accepted screenshots, public posts, and private messages as admissible evidence in a wide range of family law cases.

Examples include:

  • Posts showing lavish spending while claiming financial hardship
  • Photos contradicting claims about parenting responsibilities
  • Messages that reveal harassment or conflict

2. How Your Posts Can Backfire

You may think your posts are private, but in family court, they often aren’t. Common ways digital content can hurt your case include:

  • Parenting disputes: Photos showing drinking, partying, or bad judgment can raise concerns about your ability to parent responsibly.
  • Support claims: Posting about vacations or new purchases may undermine claims of financial need.
  • Conflict escalation: Screenshots of hostile texts or DMs can be used to show a pattern of harassment or verbal abuse.

3. Texts and Emails: Communication That Can Cost You

While social media gets a lot of attention, text messages and emails are even more commonly used in court. These records may be used to prove:

  • Agreements made between parties
  • Inconsistencies or lies
  • Intimidating or abusive behaviour
  • Lack of cooperation in co-parenting

The tone and content of your messages matter, even if you were just venting.

4. Digital Do’s and Don’ts During a Divorce

DO:

  • Assume anything you write could be shown to a judge
  • Keep your communications respectful, especially with your ex
  • Use text and email to document agreements (but avoid threats or emotional rants)
  • Tell your lawyer about any concerning messages or posts by the other party

DON’T:

  • Post negative things about your ex or the legal process
  • Flaunt spending or lifestyle changes during financial disputes
  • Use your child’s image in posts related to the separation
  • Delete potential evidence as it may raise credibility issues

5. Can You Use Your Ex’s Posts as Evidence?

Yes, if it’s relevant and authentic, your lawyer can present it in court. You’ll need:

  • Clear screenshots or message exports
  • Context for the post (date, time, intent)
  • Evidence it came from the correct person/account

Never attempt to hack into private accounts. It’s illegal and may harm your case. Stick to legally obtained, public or direct communications.

Think Before You Post

In family law, perception matters, and digital communications can paint a powerful picture of your behaviour, attitude, and credibility.

If you’re going through a separation, it’s best to go quiet on social media and keep all digital communication calm, concise, and constructive.

Need Legal Advice About a Divorce or Custody Dispute?

At Delaney’s Law Firm we help clients navigate separation in the digital age, including how to protect their rights when digital evidence is involved. If you’re unsure how your online activity might impact your case, or if your ex’s posts concern you, we’re here to help.