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Your Florida divorce and your social media accounts

On Behalf of | Mar 4, 2015 | Divorce

When couples divorce in Florida, they must make decisions regarding the distribution of their property. If couples cannot decide about how their marital property should be divided, then the court will have no choice but to step in. Florida courts exercise the concept of “equitable distribution” when it comes to divvying up marital property between spouses.

At first glance, equitable distribution seems like it might involve a fair split, right down the middle, between both parties. However, it might surprise you to learn that a court will generally look at many factors when deciding how to divide marital property. For example, the court may consider the level of contribution of each spouse towards acquiring the property as well as the desirability of either party to retain certain assets. Most importantly, the court will also consider how that marital property might affect the best interests of any children involved in the divorce.

Surprisingly, this doctrine of equitable distribution also applies to your social media accounts. Any property acquired during the course of your marriage is considered marital property. Assuming you started your Facebook, Twitter, You-Tube or other social media counts during the marriage, then they are fair game for equitable distribution.

This is why it’s important that you fight hard to get language regarding your social media counts included in the divorce decree. The last thing you want is for the court to grant ownership to any posts, photos or other sensitive things you may have put online to your ex-spouse.

Additionally, you may also want to consider including a clause in your divorce decree that contains provisions prohibiting either party from using social media to denigrate or otherwise take shots at you online.

Based in Miami, our law firm provides experienced divorce advocacy for clients in the greater Miami-Dade County region and throughout South Florida. Our firm can advise you whether you need to prevent your ex-spouse from posting too many pictures of your kids online or you need to defend yourself from your their online harassment.

We offer free initial consultations to prospective clients, available by appointment. Our law firm can also accommodate Spanish speakers.