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Can my social media be used against me in divorce? Short answer? Yep.

Today we’re talking about one of the biggest divorce mistakes people make without even realizing it.

Social media.

You might think your Facebook, Instagram, TikTok, or other accounts are just a place to share what’s going on in your life. But when you’re going through a divorce, a custody dispute, or even mediation, those posts can take on a life of their own.

And here’s the problem: what you think is a harmless photo, funny caption, or venting session might look very different to a judge, mediator, opposing attorney, or your ex.

In this episode, family law attorneys Kelly Bennett and Alexandria Zeis share real-world examples of how social media shows up in divorce cases and why it can quickly become “Exhibit A.”

Here’s what we’re talking about:

• Social media can be used against you in divorce court
• How screenshots can live forever, even after you delete a post
• Why deleting content can create an even bigger problem
• How social media can affect child custody and co-parenting issues
• What judges notice when they’re evaluating credibility
• How posts can impact spousal support and financial claims
• Why online drama can derail divorce mediation before it even starts
• When it may be smartest to simply go dark on social media

We also talk about parental alienation, oversharing, posting during parenting time, and why your online life can tell a very different story than the one you’re presenting in court.

The big takeaway?

If you’re going through a divorce, think before you post.

Or better yet… take a break from social media until your case is behind you.

About Kelly Bennett, Esq.

Kelly Bennett, Esq. is the host of The Splitting Smart Podcast. She is a senior attorney at Sapere Law & Mediation in Temecula, California.

About Alexandria Zeis, Esq.

Alexandria Zeis, Esq. is a senior family law attorney at Sapere Law & Mediation in Temecula, California.

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RESOURCES

MEDIATION STARTER GUIDE: https://mailchi.mp/2939c428981d/mediation-resources
KELLY'S BOOK: Victim Is Not Your Name https://a.co/d/e4VguRk
LEGAL & MEDIATION HELP: https://saperelawfirm.com
INSTAGRAM: https://instagram.com/saperelawfirm
FACEBOOK: https://facebook.com/saperelawfirm

Text us your feedback or questions - we'd love to hear from you.

What You Need to Know About Powers of Attorney, Wills & Trusts

Most people going through divorce never think about this…

• What happens if something happens to YOU before the divorce is final?
• makes medical decisions for you?
• Who controls your business?
• Who can access your bank accounts?
• Who decides what happens if you’re incapacitated?

And here’s the scary part: if you haven’t updated your powers of attorney, the answer could still be your (soon-to-be-ex) spouse.

In this episode of The Splitting Smart Podcast, Kelly Bennett sits down with her hubby of nearly 40 years, estate planning attorney Greg Bennett, to talk about one of the most overlooked legal issues during divorce: powers of attorney, wills, trusts, and what you absolutely should update before things go sideways.

Because while most people are focused on custody schedules and dividing assets, almost nobody is thinking about who could legally step into their shoes during a medical emergency.

And yes… this stuff matters way more than people realize.

Kelly and Greg talk about:

• Can you change your will or trust during divorce?
• What happens if your spouse is still your medical power of attorney?
• Can your ex make medical decisions for you while you’re separated?
• Who controls your business if you become incapacitated?
• What is a financial power of attorney during divorce?
• Do you need a trust before your divorce is finalized?
• What happens if you have no estate plan at all?
• temporary decision-making agreements

This episode is practical, easy to understand, and full of the kinds of things nobody tells you when you start a divorce.

Because protecting yourself during divorce isn’t just about splitting assets.It’s also about protecting your future if life takes an unexpected turn.

About Greg Bennett
Greg Bennett is an estate planning attorney and partner at Sapere Law & Mediation in Temecula, California. He helps individuals, families, and business owners protect what matters most through expert legal planning. In this episode, he explains how wills, trusts, HIPAA releases, and powers of attorney can become incredibly important during separation and divorce.

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RESOURCES

MEDIATION STARTER GUIDE: https://mailchi.mp/2939c428981d/mediation-resources
KELLY'S BOOK: Victim Is Not Your Name https://a.co/d/e4VguRk
LEGAL & MEDIATION HELP: https://saperelawfirm.com
INSTAGRAM: https://instagram.com/saperelawfirm
FACEBOOK: https://facebook.com/saperelawfirm

Text us your feedback or questions - we'd love to hear from you.

Think your divorce is done once you sign the paperwork?

Nope.

Today I’ve got Sapere Pro estate planning attorney (and my hubby) Greg Bennett back with me, and we’re talking about something most people don’t even realize they need to deal with after divorce.

If you had a family trust during your marriage, there’s a really good chance it no longer says what you think it says once you’re divorced. And if you don’t fix it, you can end up with confusion, conflict, and in some cases… the wrong person inheriting your assets. Nobody wants that.

And one more thing people don’t realize… having just a will is usually not enough. We talk about why a will alone can still send your family through probate, and what that really means for time, cost, and stress.

In this episode, we break it down in plain English so you actually understand what’s going on and what to do next, and so you don’t find yourself in a big mess over in probate court.

Here’s what we get into:

• What actually happens to your trust after divorce and why it doesn’t just “fix itself”
• Why what your trust says and what your divorce says might not match anymore
• The difference between community property and separate property in real life, not legal jargon
• What changes automatically after divorce and what you still have to take care of yourself
• Why having just a will might not protect your family the way you think it does
• The kinds of mistakes people make that end up costing their families time, money, and stress later
• How mediation helps you think through all of this ahead of time instead of cleaning it up after

Bottom line, your divorce might be final… but your planning isn’t.

And this is one of those things that’s easy to put off, but can create a really big mess for your family if you do. A few simple updates now can make everything a whole lot easier later.

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RESOURCES

MEDIATION STARTER GUIDE: https://mailchi.mp/2939c428981d/mediation-resources
KELLY'S BOOK: Victim Is Not Your Name https://a.co/d/e4VguRk
LEGAL & MEDIATION HELP: https://saperelawfirm.com
INSTAGRAM: https://instagram.com/saperelawfirm
FACEBOOK: https://facebook.com/saperelawfirm