Misusing Social Media During Divorce: A Legal and Emotional Risk in Ontario

In the digital age, social media has become an everyday part of how we communicate, share, and express ourselves. However, during a divorce or separation, the way individuals use social media can have unintended — and sometimes serious — consequences.

Ontario family courts are seeing a steady rise in cases where social media content is brought forward as evidence. Increasingly, posts made in the heat of the moment or intended as emotional outlets are having real legal impacts, especially when they involve criticism, allegations, or the disclosure of private information about a former partner.

The Impact of Inappropriate Online Conduct

When individuals use social media to lash out during divorce proceedings, it can escalate conflict and complicate matters both emotionally and legally. Examples of problematic online behaviour can include:

• Sharing private family matters or court-related information

• Making negative or defamatory comments about an ex-partner

• Posting content that could influence perceptions of parenting ability

• Encouraging others to comment or intervene in the dispute

Although these actions may feel justified in the moment, they often undermine a person's credibility and can be viewed as harmful or even vindictive by the court.

How Ontario Courts Are Responding

Family law in Ontario places strong emphasis on the best interests of any children involved, as well as on fostering cooperation between parents. Judges are increasingly considering a party’s online behaviour when making decisions about parenting time, decision-making responsibilities, and credibility.

In some recent cases, courts have:

• Adjusted parenting arrangements based on social media conduct

• Issued cost consequences against parties who engaged in online attacks

• Ordered individuals to remove or refrain from posting harmful content

What you share online — even if it’s on a private account — can be used as evidence in court. This includes not just posts, but also comments, messages, and images that may be seen as inflammatory or inappropriate.

Best Practices for Social Media During Divorce

To protect yourself legally and emotionally during a separation or divorce, it’s wise to follow these simple guidelines:

1. Pause Before Posting: Ask yourself how a judge might interpret your post if it were presented as evidence.

2. Keep Legal Matters Private: Avoid discussing court proceedings or making any public reference to your case.

3. Focus on Resolution, Not Retaliation: Courts respect individuals who demonstrate maturity and cooperation.

4. Protect Your Children’s Privacy: Avoid sharing details or images involving your children, especially if they relate to the separation.

What to Do If You’re Being Targeted Online

If your former partner is posting harmful or inappropriate content, speak with your family lawyer. Depending on the circumstances, there may be legal options available, including requests to the court for content to be taken down or for communication limits to be put in place.

Final Thoughts

Social media can be a helpful tool for staying connected — but during a divorce, it must be used with caution. At Michael Coristine Law, we help our clients navigate the legal and practical challenges of separation, including how to manage online behaviour in a way that supports a fair and respectful outcome.

If you’re facing a separation and have concerns about how online actions may impact your case, we’re here to help.