Is My Spouse Allowed to Post About Our Divorce on Social Media While It's Happening?

 Posted on April 30, 2026 in Divorce

One of the hard parts about divorce is that you don’t get to control what stories your spouse is telling about you or the process. Many spouses post publicly on social media during their divorce proceedings without the consent of their soon-to-be-ex spouse. There are a variety of good reasons this would be upsetting. You don’t want feedback from people who aren’t directly involved. You're worried about the effects it will have on your kids. You don’t want to have the hardest thing in your life made into entertainment for strangers online.

If you’re finding your spouse prone to posting about your 2026 divorce on social media, you may wonder if there's a way you can formally get them to stop. A Denton County divorce lawyer can help you figure out what you can actually do about it.

Can Your Spouse Legally Post About Your Divorce on Social Media?

There's no law in Texas that automatically bars either spouse from posting on social media during a divorce. Freedom of speech is still in play. However, "allowed" and "consequence-free" are two very different things. What your spouse posts can absolutely be used as evidence in your case, and some posts can directly damage their standing with the court.

Some situations may warrant legal action by the court. Texas Family Code § 6.502 gives courts the authority to issue temporary orders during a divorce proceeding to protect the parties and any children involved. If your spouse's posts are harassing, threatening, or exposing your children to conflict, a court may be willing to restrict that behavior through a temporary order.

A family law attorney can evaluate whether the content warrants an emergency motion or a request for a protective order. For situations that fall short of needing a protective order, a strongly worded cease-and-desist letter or a motion for a temporary order may still get results. A cease-and-desist letter tells someone to stop behaving a certain way or risk being sued. Cease-and-desist letters are commonly used to stop harassment or defamation and may help if your spouse is slandering you online.

Can You Use Your Spouse's Social Media Posts as Evidence in a Divorce Case?

Social media posts are often used as evidence. Screenshots of posts, comments, and even deleted content (if it was captured before removal) can be used. Courts have consistently held that social media content can be reviewed and used as evidence.

If you've seen posts that seem relevant to your case, document them immediately. Save screenshots with timestamps. Don't assume a post will still be there tomorrow.

Remember that this cuts both ways. Your own posts can also be used against you by your spouse’s attorney. If you're in the middle of a divorce, the safest approach is to keep your life off social media entirely until things are finalized.

What Kind of Social Media Posts Can Hurt Someone’s Divorce Case?

Certain kinds of posts can seriously backfire in divorce cases. Anything your spouse posts that indicates dishonesty in divorce proceedings or unfitness as a parent may damage their case. Examples of this include:

• Photos or check-ins showing expensive trips, purchases, or a lifestyle that contradicts what they've said about their finances

• Negative or hostile posts about you that a judge might view as evidence of a parental alienation problem

• Posts that contradict statements made under oath or in court filings

• Anything that exposes the children to adult conflict

• Messages or comments that suggest they're hiding assets or income

If you’re seeing posts like these from your spouse, document them and show them to your attorney. Courts are especially concerned about situations that could be harmful to children, and anything your spouse says online that negatively affects your kids might well affect issues of custody and child support.

Call a Denton, TX Divorce Lawyer Today

Don’t let your spouse’s social media use become another burden in your divorce proceedings. Our Denton County divorce attorneys are a mother-daughter team with more than 30 years of combined experience practicing family law in Texas. They're focused on getting the best possible results while keeping the process as cost-effective as they can for their clients. 

Call The Law Office of Linda Risinger at 972-294-6533 for a free consultation today.