Divorce can reveal how intertwined your day-to-day life with your spouse has become, including your digital information.
Married couples tend to share everything, from their homes, finances and even their passwords and devices. However, all that openness could backfire when divorce is imminent. The personal information stored on electronic devices or platforms can sometimes influence divorce proceedings.
If you are considering divorce, it is crucial to understand that your digital privacy matters just as much as your personal one.
What does New Jersey law say about digital snooping?
In New Jersey, the law protects you from unauthorized access to digital accounts and devices. During a divorce, your spouse cannot legally hack into your email, social media accounts or other online platforms without your consent.
Doing so may violate the New Jersey Computer-Related Offenses Act which prohibits access to someone else’s computer or electronic data without authorization. Similarly, the New Jersey Wiretapping and Electronic Surveillance Control Act makes it unlawful for anyone, including your spouse, to secretly record your phone calls, text messages or online conversations.
What digital information can be used in court?
Not all online or electronic information your spouse finds are warranted. Courts will first determine whether the evidence is lawful and put it through verification. Examples of admissible evidence include:
- Emails, texts and social media messages exchanged between spouses
- Public social media posts
- Files stored on shared drives, cloud accounts or non-password protected computers
If your spouse obtains digital evidence through password-protected accounts or devices, these will be inadmissible.
How to set digital boundaries during divorce
Instead of waiting for a privacy breach, there are ways to preserve your privacy during the divorce process:
- Change all passwords immediately
- Review shared access to accounts and password managers
- Secure your devices and move important data to encrypted storage
Creating clear boundaries can prevent small vulnerabilities from turning into major legal problems.
Making digital privacy part of your divorce strategy
Digital privacy is one of the key issues in high-asset divorce cases. While legal protections are available, you must still approach online posts and messages carefully. Your online footprint can influence the outcome of disputes from custody to financial support.
With legal guidance, you can take control of your personal information and avoid privacy issues during the divorce process.
