Social Media and Your South Carolina Divorce

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

What you post, like, share or message during a divorce can end up as evidence in South Carolina family court. Posts can be used on issues like adultery, custody, alimony and property. The safest approach is to post less, preserve what already exists, and never access your spouse’s accounts without permission. This guide explains why and what to do instead.

How Social Media Becomes Evidence

Family court cases often turn on everyday facts: where someone was, who they were with, what they spent and how they treat the children. Social media records those facts with dates and photos. In a South Carolina divorce, your spouse’s attorney can ask for social media content through discovery, the formal process of exchanging information. That can include interrogatories (written questions), requests for production of documents, and questions at a deposition (sworn testimony before trial). Third parties can also be subpoenaed in some situations.

Content that may come up includes:

• Public posts, photos, stories and videos
• Check-ins and location tags
• Comments you left on other people’s posts
• Direct messages and texts that the recipient saves
• Dating app profiles
• Payment app activity and online shopping history

“Private” settings do not make content untouchable. A friend can screenshot a post. A mutual contact can share it. And content you control may have to be produced if it is relevant and requested.

Do Not Delete Old Posts

Once a divorce is underway or reasonably expected, deleting posts, messages or accounts can be treated as destroying evidence. Lawyers call this spoliation. A court may draw a negative inference from missing evidence, meaning it may assume the deleted content would have hurt you. It can also lead to sanctions and damage your credibility with the judge.

Instead of deleting:

1. Talk with your attorney before removing anything.
2. Download an archive of your accounts. Most major platforms offer a “download your data” tool.
3. Change your privacy settings going forward, rather than erasing the past.
4. Stop posting new content about your personal life, your spouse or the case.

Practical Privacy Steps

• Change passwords on every account, especially if your spouse ever had access.
• Turn on two-factor authentication.
• Log out of shared devices, tablets and family computers.
• Check which devices are logged in to your email and cloud storage.
• Review location sharing in phone settings and apps.
• Review who can tag you and whether tagged posts appear without approval.
• Remember that friends and relatives may share your posts with your spouse.

Changing settings and passwords is generally fine. Deleting content that already exists is the step to discuss with your attorney first.

Dating and Relationship Posts

South Carolina allows divorce on the ground of adultery, and adultery can be proven with circumstantial evidence showing both inclination and opportunity. Photos, check-ins and messages with a new partner can become part of that proof. Read more in our guide on how adultery is proven in South Carolina.

The stakes can be high. Under S.C. Code § 20-3-130(A), a spouse who commits adultery before the earlier of a formally signed written settlement agreement or a permanent order of separate maintenance and support (or an order approving such an agreement) is barred from receiving alimony. A romantic relationship can also come up in custody if it affects the children. For a full explanation, see can you date during a divorce in South Carolina.

Dating apps deserve special mention. A profile that lists you as “single” or shows the date it was created can be evidence too.

Spending Posts and Your Financial Declaration

Every South Carolina divorce requires a financial declaration on the Supreme Court’s form, listing your income, expenses, assets and debts (Family Court Rule 20). If you report tight finances but post photos of trips, new purchases or nights out, the other side may use those posts to question your numbers. The same is true in reverse if your spouse claims they cannot pay support while posting a new boat.

Before you post anything that shows spending, ask whether it matches what you have told the court. Also be careful with payment apps that show public transaction feeds. Our guide to the South Carolina financial declaration explains the form.

Children and Custody

Custody decisions are based on the best interest of the child. Posts can affect how a court sees your judgment as a parent. Things to avoid:

• Criticizing or mocking the other parent, even in vague posts
• Discussing the case or posting court documents
• Posting about drinking, partying or risky behavior
• Posts that show the children’s location, school or schedule publicly
• Encouraging friends or family to post about your spouse

Children and teens often see what their parents post. Keeping the case offline also protects them.

Never Access Your Spouse’s Accounts

It can be tempting to log into your spouse’s email, social media or phone, especially if you know the password. Do not do it without talking to an attorney. Accessing someone else’s accounts without authorization can violate state and federal laws on computer access, stored communications and wiretapping. It can also make the evidence unusable and expose you to criminal or civil liability.

The same caution applies to:

• Installing tracking apps or GPS devices
• Recording calls or conversations you are not part of
• Reading messages on a shared tablet or computer that synced from your spouse’s phone
• Creating fake profiles to contact your spouse or their partner

If you think your spouse’s social media contains important evidence, tell your attorney. There are lawful ways to obtain it, including saving content that is publicly visible and using formal discovery.

Saving Your Spouse’s Public Posts

If your spouse posts something publicly or sends it to you, you can generally save it. Good habits:

• Take screenshots that show the date, time and account name.
• Save the web address of the post.
• Keep originals and do not edit or crop images.
• Note who else saw the post, in case a witness is needed.

Our firm’s page on social media impact in divorce has more examples. For the rest of the process, see the South Carolina Divorce Guide.

Frequently Asked Questions

Can my spouse use my Facebook posts in our divorce?

Yes, posts can be used as evidence if they are relevant and properly obtained. Private settings do not always keep content out of court, since others can share it and discovery can reach it.

Should I delete my social media during a divorce?

Do not delete content without talking to your attorney. Deleting evidence after a case is expected can be treated as spoliation. Changing privacy settings and stopping new posts is usually safer.

Can dating posts affect alimony in South Carolina?

They can. Adultery before a signed settlement agreement or a permanent support order bars alimony under § 20-3-130(A), and photos or messages may be used as circumstantial evidence.

Is it illegal to log into my spouse’s accounts?

Accessing someone else’s accounts without permission can violate state and federal computer, stored communications and wiretapping laws. Talk to an attorney before doing anything.

How should I save my spouse’s posts?

Take screenshots showing the date, time and account name, save the link, and keep original files unedited. Share them with your attorney.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce and Alimony)
• S.C. Code Title 63, Chapter 15 (Custody and Visitation)
• South Carolina Judicial Branch (Family Court Rules, SCRCP)