Protecting Your Digital Privacy During Divorce in Connecticut

A lot of couples share personal information, passwords, and even digital accounts during their marriage. It can make life easier when the marriage is going well. But if your marriage relationship breaks down, so should your sharing permissions. Protecting your digital privacy during divorce is crucial to receiving confidential information from your attorney, and protecting your assets and property during the divorce.

Why You Should Protect Your Digital Privacy During Divorce

When most people think about cybersecurity, they envision hackers, scam phone calls, and phishing emails. But if you and your spouse are getting a divorce, the biggest threat to your digital privacy is far closer to home. Divorce is stressful for everyone, and emotions can run high. When spouses share passwords, accounts, or even just devices after their marriage has broken down, it can create a temptation to use that access to gather information about one another, even if doing so violates attorney-client privilege, or is even against the law.

Is Your Spouse Illegally Accessing Your Data?

There are federal and state laws in Connecticut that prevent cyberstalking, harassment using electronic means, and improper use of electronic information. But many of those laws don’t apply if you have given your spouse consent by, for example, sharing a password. Your spouse may not be illegally accessing your data unless you have taken steps to protect digital privacy, revoking your consent and establishing clear boundaries around your online assets.

Any electronic information gathered legally could be used against you in your divorce trial. This could include recordings of in-person conversations at parenting time exchanges, or bank records obtained through shared log-ins. However, if your spouse crossed the line into illegally accessing your private digital information, that data is inadmissible in court. That is why it is so important that you understand and protect your digital privacy rights, from the start of your divorce action.

Techniques for Protecting Digital Privacy During Divorce

It is never too soon to start thinking about your digital privacy during divorce. As soon as you start looking up divorce lawyers or have an initial consultation, you should be taking steps to protect yourself and your technology.

Change Every Password

One of the first steps you should take to protect your privacy as soon as you separate from your spouse is to change your password on every account and device your spouse has ever had access to. Use your Apple or Google password manager to go through your saved accounts and change everything. Then change those passwords as well. For applications accessed using multiple devices, remove permissions for any laptop, tablet, or phone you are not actively using. Don’t use the same password for everything, and avoid using words or names you and your spouse have in common (like pets or your children). Instead, consider using a password manager application to make and store strong passwords that your spouse won’t be able to guess. You should also enable two-factor authentication or biometric access restrictions wherever you can.

Restrict Social Media Usage and Permissions

You should also lock down the privacy settings on your social media accounts. In an ideal world, you could take a full social-media break while your divorce is pending. But if you use your accounts for work or rely on them to maintain social support and connections, the next best thing is to make sure everything is set to private. Avoid posting anything about your children (even good things) while the case is pending. You may need to block or “unfriend” your spouse and his or her family members, to avoid your posts being shared and ending up in court.

However, do not delete your accounts without creating a backup first. If you do, you could be accused of spoliation of evidence if your spouse makes discovery requests into things stored only online.

Limit Your Children’s Access to Your Accounts

If your children use your devices to do their homework, watch videos, or play games, be sure those devices are disconnected from your email and social media accounts. Your kids don’t need to be exposed to the confidential communications you have with your lawyer about your co-parent, or angry text messages between you and your spouse. In addition, if the device is synced to your accounts, your children could inadvertently pass your private digital information to your spouse during their parenting time, simply because the notifications are visible on their borrowed device.

Consider Separating Your Cell Phone, Email, and Data Plans

Depending on your financial situation and the degree of hostility between you and your spouse, you may want to get a new cell phone account and data plan separate from your spouse. Sometimes the account holder can get access to private digital information simply because it is his or her name on the account. Separating those accounts early can avoid inadvertent disclosures. Set up a new email address that only you have access to, and use only that account to talk to your lawyer to protect your attorney-client confidentiality.

In addition, consider what other apps you and your spouse share. Everything from smart-home features like cameras to shared note-taking apps can be ways for your spouse to get information about you, or harass you outside the eyes of the court. Suspend or uninstall those applications or set up new ones solely in your name to avoid giving your spouse information they shouldn’t have.

Be Alert for Signs of GPS Tracking

Sometimes one spouse will go to great lengths to track or spy on the other during divorce. Modern technology makes this very easy through tiny cameras and GPS trackers the size of a coin. Go through your cell phone and identify every application that has “location” permissions. Turn off as many as you can. Avoid using Ring doorbells or other cloud-based security devices that can be accessed remotely without your knowledge. Then be on alert for things out of place in your home, vehicle, or children’s backpacks. If you think you are being tracked, tell your Connecticut divorce attorney who can help you take advantage of the state’s legal protections against stalking.

Get Help Protecting Your Digital Assets in Divorce

A modern Connecticut divorce involves more technology issues than you might think. If you don’t keep digital privacy in mind from the start, you could accidentally turn over your confidential information to your spouse, weakening your position in court. The Connecticut divorce attorneys at Lawrence & Jurkiewicz, LLC represent divorcing spouses throughout the greater Hartford area and the Litchfield County area. We can help identify and protect your digital accounts and assets during divorce. We offer consultations by in-person appointment, phone conferences and zoom meetings. Please call us at 860-935-6284 or contact us to schedule a confidential consultation to see how we can help you.