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The Intersection of Cybersecurity and Divorce

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The Intersection of Cybersecurity and Divorce

As we enter Cyber Security Awareness Month, it is worth taking a moment to consider the implications a divorce can have on your cybersecurity – your susceptibility to attacks on your online persona, information, or your online devices themselves.

Online security in a divorce is not always something we think about, but the digital age has made protecting your online information a critical task for all people – especially those ending long-term relationships with people who may have once had access to that information. While divorces have long been instances where divorcing individuals are tempted to access, steal, or misuse their former spouses’ information, it was not always so straightforward. Now, technology has made accessing everything from financial information to personal details easier than ever.

Fortunately, while navigating cybersecurity issues during a divorce may seem complicated, just a few careful steps can help you ensure your personal information is kept safe. The divorce and family law attorneys at The Valley Law Group have assembled this guide on cybersecurity and divorce. If you believe your information may be at risk, set up a consultation to learn how you can protect your online privacy during a divorce.

Common Methods of Digital Spousal Surveillance

It is unfortunate that divorces can bring out the worst in some people, inspiring behaviors that are less than helpful during the divorce process. Jealousy and mistrust can lead a spouse to begin monitoring their soon-to-be ex-partner’s digital life. This behavior could be based on anything from uncontrollable obsessive behavior to a concerted plan to find evidence that could be used against their spouse during divorce, child custody, or other proceedings.

Here’s how.

Social Media

Notably, social media apps make digging into the online personal lives of former romantic partners easier than ever before. More than 190 million Americans are on Facebook, a social networking app that potentially allows viewers, friends, and even strangers to get an open look into users’ personal lives. The app shows everything the user chooses to post, including photos, personal details, and even who someone’s friends are, location, and more.

If your social media settings are not restricted or friends-only, anyone can crawl through your social media account and even take screenshots without you being aware. Worse still, if you remain social media friends with your former spouse, they can continue to access any content you post, including your thoughts and feelings about the case, mentions of new partners, photos of the places you frequent, and much more. If someone is trying to malign your reputation, they may only need to access your social media profiles.

Internet Browsing History

Couples (especially married couples) often retain access to one another’s internet browsing history, even after the breakup. If you ever logged into your spouse’s computer using Google or another internet browser, your spouse could access your recent and past browsing history and even your related accounts. These may include email, maps, autofill results that often save address and credit card information, word processing services and the documents they include, and more. Your former spouse could get access to personal documents, work documents, location history, and an almost endless list of other information.

Digital Spying

Cell Phone Records

Spouses often share cell phone contracts that allow either party to access smartphone call records and even text records. Often, these records are accessible online in the account for all account members, where they can be downloaded. An even more nefarious possibility for many cell phone accounts involves the use of a GPS tracker app. With shared cell phone information, your spouse may be able to track your location without your knowledge.

Banking and Other Financial Information

Spouses often share banking, investment, retirement accounts, and other financial information. As these accounts are increasingly available online, divorcing spouses may be susceptible to disruptive behavior. For example, a former spouse may move money to another account, track spending or location, or even disrupt crucial payments necessary to sustain employment, resources, and more.

All of these behaviors would suggest that your spouse is not acting in good faith during a divorce. They may attempt to use the information they glean from your online records to ruin your reputation. Some evidence even has the potential to be used against you in family court, especially when it comes to child custody determinations.

Reasons Your Spouse May Digitally Spy on You

Although cyberstalking and other unsavory digital behaviors can ultimately backfire on the perpetrator during divorce, there are a few reasons people continue to engage in these tactics. The first – and simplest – reason is that they may just enjoy disrupting the life of their former spouse. Other reasons may include:

Child Custody Advantages

Cyberbullying and snooping during divorce often occur because one spouse thinks they can gain the upper hand when it comes to child custody determinations. The court is interested in protecting children’s interests, which often means ensuring that children do not live in environments where one parent engages in dangerous behavior. Although consuming alcohol is not illegal for adults 21 and over, excessive behavior may be frowned upon by a judge. During a divorce, both parties are expected to make mature decisions that would benefit their children.

If your spouse finds online photos of you drinking alcohol with friends on a regular basis during a time when you should have custody of your children, they could use that information to question your ability to parent responsibly. A judge could view those acts as a sign that you are not capable of providing a stable environment for your child, making the photos a potential barrier when it comes to seeking parental custody rights.

Refuting the Need for Spousal Support

The division of assets during a divorce is strictly enforced in Arizona. If either party moves or tries to hide assets during a divorce, that could provide grounds for sanctions or other forms of penalties by the court. Even when the accusations are not true, it can cost you time and money to fight allegations that photos of your spending excessively do not mean that you are overspending and potentially deserving of less equitable distribution of the marital estate.

If you are seeking spousal support, excessive spending could weaken your grounds for seeking spousal maintenance of any kind. Any information that suggests you are hiding assets could also be used against you.

Financial Gain

As mentioned, access to your bank and investment accounts can be used for financial gain by your former spouse. Similarly, they may use this same avenue to financially ruin you. Unfounded accusations of financial misbehavior can also cost you when it comes to spousal support and property division.

Reputation Damage

Your spouse may attempt to damage your reputation, causing the court to question your credibility. Embarrassing details or compromising information can hurt your character in legal proceedings. Social media posts and other digital traces can be used against you, potentially swaying the outcome in your spouse’s favor.

Tips for Protecting Your Cyber Security During a Divorce

As alarming as it may be to think about your spouse using cyberstalking or cyberbullying during a divorce, there are simple steps that can all but eliminate the risk that your soon-to-be-ex can access sensitive digital information. Consider taking these and other steps in consultation with your family law attorney to prevent compromising your digital information.

Update Passwords

Update passwords for your online accounts, including email, banking, social media, cloud storage, and even apps you once used to share. Ensure that each password is strong and unique to prevent unauthorized access. Before starting divorce proceedings, consider buying a new laptop or phone for added security.

Protect Your Devices

If you aren’t able to purchase a new device at the beginning of your divorce, protect your devices by setting strong passwords or using biometric authentication. Additionally, if you have external hard drives, keep them in a secure location to safeguard important information. Store external hard drives in a protected space where your spouse cannot access them.

Be Wary of Shared Accounts

Shared accounts can lead to information breaches that could potentially negatively affect your family law case. Be aware of platforms like Amazon or Apple where you share an account. Cell phone plans can also be sources of sensitive information like call logs and even past text messages. When possible, remove your spouse from any account where you are the primary owner; if you are co-owners, you may need to close the current account and open an individual account.

Cyberbullying and snooping during divorce

Monitor Financial Accounts

Monitor your financial accounts closely for any unusual transactions. Establishing alerts for account activity can keep you updated on any suspicious behavior. If you notice suspicious behavior, contact your institution as well as your divorce attorney.

Review Social Media Privacy Settings

Modify the privacy settings on your social media accounts to restrict visibility for others. Exercise caution when accepting new friend requests or followers, particularly from unfamiliar profiles, as they may be trying to collect personal information. Avoid oversharing on your social media accounts even if you believe you have effectively eliminated your former spouse.

Preserve Evidence

Remember that destroying evidence that may be used in legal proceedings is unlawful. This includes deleting digital information and social media posts. Rather than deleting posts, strictly monitor your privacy settings and remove any followers who may be trolling your account. If you do not know them, it is better to block or unfriend them before setting your settings to private.

Be Mindful of Digital Communication

Exercise caution regarding what you share online or through messaging apps, as this information can serve as evidence in divorce proceedings. Avoid discussing sensitive topics or making comments that could be misinterpreted. A general rule of thumb is to avoid posting about your divorce at all.

If you are concerned that your information is being monitored or that your network has been breached, inform your attorney. They may have contacts with a cybersecurity professional who can help.

If your spouse is doing something highly unethical or potentially unlawful by placing monitoring software on your phone without your consent, obtaining evidence of that behavior could help your case. A cybersecurity professional can use forensic analysis to show that your spouse is engaging in highly unethical and potentially reckless behaviors.

Monitor Financial Accounts

Divorce and Cybersecurity FAQs:

It is easy to forget how important your online presence can be during a divorce. The Valley Law Group believes that clients should be fully informed about aspects of their case that can affect matters like child custody and the division of a marital estate.

That’s why we provide these tips for protecting your digital life during a divorce. 

What’s the Most Effective Thing I Can Do to Protect My Cybersecurity?

To protect communications during a divorce, change passwords and consider creating new accounts to ensure privacy. Secure your phone with strong passwords or biometric technology like fingerprint access. A cautious approach may include halting social media activity until the divorce is finalized.

Encrypting emails and texts and limiting communication to close family can add further security. Additionally, using apps that offer extra layers of protection can help prevent others from intercepting or tracking digital activity.

Why Is Cybersecurity Important During a Divorce?

Cybersecurity is crucial during a divorce because sensitive personal and financial information may be at risk of being accessed and misused by your spouse. Shared accounts, unsecured devices, or weak passwords can leave you vulnerable to monitoring, which can impact legal proceedings. Strengthening cybersecurity helps protect your privacy and sensitive data.

How Can My Spouse Use Shared Digital Accounts Against Me in a Divorce?

If you share digital accounts such as internet services, cell phone plans, or online platforms like Google or Amazon, your spouse may access your call logs, internet history, or private data. This information could potentially be used against you during legal proceedings, highlighting the need to secure or separate shared accounts. Your spouse may also use any financial information for your downfall and their gain.

What Is Cyberbullying?

Cyberbullying refers to the use of online platforms to harass, intimidate, or bully another person. Examples of cyberbullying could include making posts that are derogatory about the soon-to-be ex or sharing photos that present the former romantic partner in a negative light.

Such actions can have serious emotional and legal implications, especially during sensitive times like divorce. Fortunately, engaging in cyberbullying can often backfire in court. Anyone who uses online platforms to harm their former partner emotionally could be seen as less fit to co-parent.

Signs You Should Consider Hiring an Attorney

If your soon-to-be ex monitors your social media, accesses your personal accounts, or uses your online information to follow your personal interactions with other people, you should contact your attorney. A spouse who engages in cyberstalking and online spying may pose other problems during a divorce. An attorney can anticipate those issues and address them early on.

Schedule Your Divorce and Cybersecurity Consultation Today

Knowing whether your spouse is monitoring your online behaviors or accessing your private accounts is crucial. They may be seeking or even creating compromising information that could give them an advantage in court. While such behavior is generally not unlawful, it can backfire on them.

Gilbert Family Law Attorneys

While anyone going through a divorce is required to leave their assets in place, you are not required to allow your soon-to-be ex to monitor your personal life online. You have a right to privacy. Following the tips above can help you maintain your privacy while avoiding unnecessary complications during your divorce.

If you have concerns about your spouse’s behavior, the divorce experts at The Valley Law Group are here to help. Our skilled divorce and family law attorneys can address a wide range of cybersecurity issues to ensure that your spouse does not derail your divorce or personal life. Contact our office today to schedule your divorce and cybersecurity consultation.

 


 

Sources:

  1. CISA. (n.d.). Cybersecurity Awareness Month | CISA. Www.cisa.gov. https://www.cisa.gov/cybersecurity-awareness-month
  2. Shepherd, J. (2023, February 23). 30 Essential Facebook Statistics You Need To Know In 2022. The Social Shepherd. https://thesocialshepherd.com/blog/facebook-statistics

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