Using Social Media During a Bitter Divorce Can Make It Worse

 Posted on July 05, 2026 in Divorce

Few things are harder than going through a contested divorce. Not only are you separating from a person you may have planned to spend your life with, but you have to spend that separation intensely negotiating topics that would make even the best of friends struggle to get along. 

While there are some things that people who are going through contested divorces can do to make the process easier for themselves, there are also things they can do to make it worse. One of these things is using social media in an unwise or unhealthy way, both during and after the divorce process. 

In 2026, social media platforms are everywhere and new apps constantly become available. Regardless of which social media accounts you prefer, our Milwaukee, WI divorce attorneys have a piece of advice: Use less social media during your divorce and, if you can, don’t use it at all. We explain general principles of social media use and divorce in this blog; contact us for more information about your specific case. 

Social Media Can Make the Heartbreak and Anger of Divorce Worse

For better or worse, we are more connected now than we’ve ever been. When it comes to your parents or your college roommates, seeing what they’re up to on social media can be great. When it comes to your ex, however, the ability to follow their activity once you’ve separated is almost never a good thing. 

Whether you wanted to get a divorce or not, knowing what your ex is up to on the weekend isn’t going to help you get over them or the divorce faster. To the contrary, following your ex on social media (or following them through your friends’ accounts) is only likely to make you angry and sad. 

For purely emotional reasons, getting off social media and removing yourself as far as possible from your ex’s presence is a good idea during divorce. But there are also important logistical and legal reasons for it, too. 

Can Social Media Posts Be Used Against You in a Wisconsin Divorce?

Another feature of living in a time of heavy social media use is that people tend to share (or overshare) the details of their lives. If you’re involved in a hotly contested divorce, your behavior will be under intense scrutiny for a long time – sometimes well over a year. You can bet that your ex and your ex’s attorney will be looking for information that could be interpreted as you behaving dishonestly or irresponsibly. Even posts that seem neutral to you can be twisted into a version of events that paints you in a negative light. 

Even if you think they seem totally harmless, certain kinds of posts should be completely avoided during divorce: 

• Pictures of you in expensive new places, or holding expensive new items, even if those items are not yours

• Posts bragging about a new relationship or featuring pictures of a new partner 

• Complaints or angry rants about your ex 

• Location-based posts showing you in places that raise questions about your compliance with court orders, like a temporary custody order 

Wisconsin divorce law under Wisconsin Statutes Chapter 766 requires spouses to fully divulge their finances so marital property can be divided. If you give the appearance of having more money than you really have, your ex could use this to argue you aren’t being honest in negotiations or with the court. Even if this isn’t true, the accusation alone can cause problems. 

Telling the difference between what is safe to post and what might be a bad idea is harder than it looks. If you feel you must use social media during divorce, talk to your attorney before posting anything that is even remotely questionable. Many cases are damaged by excessive social media posts.

Does Social Media Affect Contested Custody Cases in Milwaukee?

Many bitter divorces are primarily focused on disagreements about the kids. When parents are fighting hard to get their preferred custody arrangements, social media can be particularly dangerous. 

Judges in Wisconsin are required to use a legal standard that considers the best interests of the child before anything else. Although there are certain factors that must be considered to determine a child’s best interests, this standard is also somewhat open-ended. Judges can be shown evidence that suggests a parent is not a serious or responsible caregiver for a child. 

Whether it’s fair or not, the following posts could be construed in a way that makes a parent seem less fit for time alone with minor children: 

• Pictures of partying, whether at home, at clubs, on boats, or anywhere else

• Photos of the parent on an extended vacation without children during court proceedings 

• Photos of the parent doing anything illegal 

• Photos of the parent with a new partner, especially if that partner has a questionable background

If you are fighting for maximum custody of your child, the best thing you can do for your family is to stay away from social media. 

Social Media as Evidence of Marital Property Dissipation in a Wisconsin Divorce

In many contested divorces, one spouse will accuse the other of ending the marriage by having an affair. While infidelity can’t be used as "grounds" for divorce, it can still affect the divorce in important ways. 

The most important of these is a claim of marital asset dissipation. Dating someone you’re trying to impress can be an expensive activity. Spending money on a new relationship while you’re still married, especially if that money adds up to a considerable amount, can sometimes be treated as a deliberate waste of marital assets. 

Don’t give your ex the opportunity to claim dissipation of marital assets because you posted pictures of yourself online with a new partner. It is usually better to wait until the divorce is finalized. 

Contact a Milwaukee, WI Divorce Lawyer for Contested and Litigated Divorces

At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee family lawyers have seen every kind of divorce and every kind of social media post related to divorce. If you are considering divorce, or are already midway through the divorce process, we will offer experienced, careful legal counsel on everything from social media use to property negotiation. Call us at 414-271-1440 for a consultation.