Spying: Not Legal Or A Good Idea For Divorcing Couples - Zukerman Law

Spying: Not Legal Or A Good Idea For Divorcing Couples

When you’re getting a divorce, you may have concerns about the behaviours of your spouse. Is spying on your spouse legal, though? What can you look at without breaking privacy laws?

Social media is now common in family law cases, so digital access to a former partner’s digital media could be a concern. Is spying okay? Who benefits or is hurt by it in court?

According to one legal associate, spying isn’t a good idea to try, even if you think that your spouse is hiding information you need. There is an expectation that your personal documents will be kept private, and spying is invasive. Despite this, there are more and more cases where emails have been broken into or text messages have been read. It’s just a matter of time.

Can spying come back to hurt you in court? It could, even if you were given the password to the account you were looking at. For example, if you log into a once-shared banking account and discover that your ex was hiding assets, you may want to take that information to court. Remember, you also could get into trouble for intruding on a private account.

Any kind of intrusive behaviour shouldn’t be looked at by a lawyer, because it may not be admissible in court. Secret recordings, GPS trackers and intercepting emails are all negative tactics that almost never benefit your case. Generally, there are more cost-effective and time-effective ways of finding out the same information, so you don’t have to sneak around before you head to court.


Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.