Monday Morning Minute: Facebook Again

by Annette Burns on August 3, 2015

If a person paying alimony (spousal maintenance) has an action to modify that support paid to a former spouse on the grounds that the former spouse is being supported by someone else, Facebook postings may be admitted into evidence, in Illinois courts, as proof of that new relationship and how it affects the recipient’s need for spousal support.   In re Marriage of Miller (2015), an Illinois case, permitted the ex-Husband to introduce ex-Wife’s Facebook posts to show that she was cohabitating and “in a relationship” with someone new.    This case is interesting to show how Facebook and other social media becomes more and more relevant in court, but is likely not a big help to Arizona spousal support modifications, as proof of a “de facto” marriage is not yet a basis for modifying an alimony award in Arizona (as it apparently is in Illinois).  See Van Dyke v. Steinle (1995).

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