In today’s world, digital footprints can tell a compelling story in divorce proceedings. Texts, emails, social media posts, and even app data are increasingly used to support claims about finances, behavior, or parenting fitness. The rise of technology means that much of what once remained private is now available to influence court decisions and outcomes.
What Can Be Used as Evidence?
Courts allow a wide range of digital evidence, as long as it was lawfully obtained. This includes text messages that show threats, infidelity, or other damaging behavior, emails discussing hidden assets, or social media posts that contradict legal claims. Even GPS data or fitness tracking apps can be used to confirm someone’s location at specific times, which can be critical in custody or alimony disputes. Photographs and videos shared online may also serve as important proof.
However, accessing a spouse’s private accounts without permission can backfire legally and may even result in penalties. Always consult an attorney before attempting to collect digital data, especially if you’re unsure whether it crosses a legal boundary. Legal guidance helps ensure evidence is admissible and your rights are protected throughout the process.
Using Digital Clues Strategically
Digital evidence is especially helpful in contested divorces. For example, a parent claiming to be too busy for custody might post daily party photos, or a spouse denying assets might flaunt luxury purchases online. These contradictions can influence how judges view honesty and credibility in a case, often making a significant difference in outcomes.
To protect yourself, avoid posting about your divorce, new relationships, or major purchases online. Assume anything you share could be seen in court and potentially used against you. Maintaining a clean digital trail not only supports your case but also preserves your personal reputation during this difficult and often emotionally charged time.
What Happens to Travel Rewards and Frequent Flyer Miles In Divorce?
Frequent flyer miles and credit card rewards might not be the first thing you think about during a divorce, but they can be valuable assets. Like any marital property, these points and miles earned during the marriage are subject to division. Understanding how to handle them properly can prevent conflict and ensure a fair settlement.
Understanding How Miles Are Treated Legally
Airline miles and rewards points are typically considered marital property if they were earned during the marriage, even if only one spouse technically earned them. However, dividing them isn’t always simple, as airline policies vary, and many programs don’t allow point transfers or splits between accounts. This can make it challenging to divide the rewards equally.
Some couples choose to offset the value of these rewards with other marital assets. For example, one spouse might keep all the miles while the other receives a larger share of a different asset of equal value, such as cash, investments, or property. This approach can simplify negotiations and avoid complications with airline restrictions.
How to Divide Points Fairly
The best approach is to calculate the approximate monetary value of the miles or rewards and negotiate their division as part of the overall settlement. This may require help from an attorney or financial expert who understands both divorce law and the intricacies of travel reward programs. In some cases, couples split the miles by booking flights or traveling together before the divorce is finalized. Additionally, there are third-party services that specialize in dividing points and miles fairly between spouses.
It’s important to document all accounts, balances, and program rules during the discovery process. Travel rewards might not be as obvious as cash or property, but they can add up to significant value and should be treated with equal care in a fair divorce settlement. Keeping detailed records and communicating openly with your attorney can help ensure these assets are handled appropriately.
