Technology is a big part of our everyday lives. It simplifies banking, keeps us on top of appointments, and helps us stay connected with friends—or just up to date on meme culture. It also becomes part of married life for many couples, from shared calendars and cloud storage to smart home devices and location-sharing apps.
But when a marriage ends, this digital connection can go from convenient to complicated.
The same tools that once made life easier can expose private information, exacerbate disputes, and turn seemingly mundane details—like shared photo libraries or smart home controls—into unexpected points of tension.
4 types of technology that can impact your divorce
There’s a whole world of tech tools out there, but not all of them can have the same impact on your divorce. The most common challenges arise from smartphones, email, social media, and apps that share your location.
1. Smartphones
Your smartphone picks up a lot of information about your daily activities—sometimes more than you realize. And in a divorce, that data can become part of the conversation, whether in disputes over parenting, lifestyle, or credibility.
But though the impact is broad, there are certain areas where this data plays a more direct role in legal proceedings. Financial issues, in particular, are one of the most common places where digital records get scrutinized.
With banking apps, stored credit cards, and document storage, your smartphone acts as a central hub for financial activity. But during a divorce, that convenience can also mean unexpected exposure.
Even routine transactions or overlooked digital connections can take on new significance. For example:
- Financial claims: Payment app histories, rideshare use, or subscription charges might be examined in disputes over spending or financial hardship.
- Hidden assets: Unusual transactions, crypto wallets, or linked financial accounts could raise concerns about undisclosed income.
- Shared account risks: If a spouse is still logged into joint accounts, they may unintentionally retain access to emails, cloud storage, or banking platforms.
Many people don’t realize how much of their financial and personal data is still accessible until a legal issue arises. A forgotten login, an old auto-saved password, or a connected device can create complications.
If you’re going through a divorce, taking simple steps to secure your personal information can help avoid unnecessary disputes. An attorney can guide you through updating account access, reviewing financial data, and determining what information is relevant to your case.
2. Email
Email can sometimes feel more private than texts or social media, but it can be used as evidence just as easily. During discovery, old conversations can be requested (or, if necessary,) subpoenaed as evidence to support claims about finances, parenting responsibilities, or personal conduct.
Even deleted emails can still surface in divorce. If subpoenaed, messages stored on servers can often be recovered. Shared passwords or synced devices may provide access without your knowledge. Automatic backups—like those stored in a cloud account—may retain messages long after you think they’re gone.
Another risk? Attorney-client privilege can be compromised if you use a shared or work email. If your ex (legally) discovers messages between you and your lawyer, they could be introduced as evidence. Additionally, a shared email account could provide access to sensitive documents like mortgage statements, tax returns, or court filings.
During this time, it’s important to take extra precautions.
- Stop using shared devices if you’re looking to maintain privacy
- Open a new email account that your ex doesn’t have access to
- Update your passwords—even if you don’t think your ex has access to them
- Enable two-factor authentication to add additional security
- Be mindful when writing emails as though each one could be reviewed in court
3. Social media
Social media is a window into your daily life—but you can’t control how people interpret what they see. That’s doubly true during divorce proceedings.
For instance, friends or family might remark on your activities in ways that complicate your case. A well-meaning comment on a “treat yourself” day could be used to challenge financial hardship claims. A throwback post might be reframed to cast doubt on a timeline presented in court, especially if opposing counsel is looking for inconsistencies.
Once shared, social media content is often preserved—whether through screenshots, archived records, or third-party testimony—and can resurface when least expected. In some cases, opposing counsel may request account data through discovery to verify claims or build a counter-narrative.
Even private accounts aren’t foolproof—judges, custody evaluators, and forensic accountants may review archived posts, mutual connections, or subpoenaed account data for a fuller picture. And in some cases, disappearing messages can work against you if only fragments of conversations are available.
Before posting, it’s worth asking: Would I be okay with this being read aloud in court? If social media evidence is introduced, an attorney can assess its relevance, ensure it’s presented in context, and challenge any attempts to use it unfairly.
If social media evidence is introduced, an attorney can assess its relevance, ensure it’s presented in context, and challenge any attempts to use it unfairly.
4. Location-sharing apps
Many apps track and store location data—rideshare services, check-in history, financial transactions, and even fitness trackers can create a digital record of daily routines. In a divorce, this information may surface in disputes over custody arrangements, financial claims, or living situations.
Unlike general smartphone data, this information is often used to verify movements and establish patterns in divorce disputes; it’s often used to support or challenge broader claims, such as:
- Custody arrangements: A parent advocating for a specific schedule may use location records to show consistent pickups and drop-offs.
- Parenting time disputes: Travel patterns or inconsistencies in reported whereabouts might be cited to question reliability or availability.
- Financial matters: Frequent travel or transactions in high-cost locations may be examined against claims of financial hardship.
This information can be a particularly sensitive area in domestic violence cases. Some individuals take advantage of location-tracking technology —like AirTags, Find My iPhone, or shared GPS apps — to monitor their ex’s movements without consent.
If you suspect that your location is being tracked without your consent, an attorney can advise you on steps to protect your privacy and, if necessary, take legal action. Some courts have recognized the misuse of location-sharing as a form of harassment or stalking, which may carry legal consequences.
Tips for avoiding the negative impacts of technology during the divorce process
While you can’t control everything, taking proactive steps can help protect your privacy and prevent misunderstandings.
- Social media activity can be misinterpreted: Even routine posts might be reframed in a legal setting. Keeping a lower profile can help prevent unnecessary scrutiny.
- Text messages and emails may be reviewed: If pulled into legal proceedings, conversations may be read without context. Sticking to clear, factual communication can reduce potential issues.
- Shared devices and accounts may create risks: Updating passwords and enabling security measures can help ensure that personal communications and data remain private.
- Location-sharing features can reveal more than intended: Travel history or check-in data could be used to question statements made in your case. Reviewing these settings can help limit unintended disclosures.
- Children’s online activity may introduce complications: Kids often share more than they realize. Conversations about online privacy can help keep family matters more secure.
- Legal guidance can provide clarity: If digital information is introduced in your case, an attorney can help ensure it is used fairly and in the proper context.
Divorce is already complicated enough without worrying about digital missteps. At Jacobs Berger, we understand the intersection between technology and family law and can give guidance on what to safeguard.
Let’s make sure your digital presence doesn’t become a stumbling block in your divorce. Schedule a strategy session with our team today.
