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Can You Spy On Your Spouse When Going Through A Divorce In Florida?


Divorce is always a confusing and stressful experience, but even more so when one spouse thinks that the other spouse is having an extramarital affair or hiding assets. A spouse may consider spying on their spouse, stalking, and hacking into their social media accounts and emails.

But can you actually spy on your spouse during the divorce process? Does Florida law make it lawful for spouses to spy on their wives or husbands when a divorce is ongoing?

When is Spying on Your Spouse Illegal?

Spying may be considered illegal, which is why you need to understand which spying tactics are legal and which ones are not. Let’s discuss different types of spying when a divorce case is ongoing:

  • Recording your spouse. Florida is a two-party consent law for wiretapping, which means it is illegal to record a person if they do not provide their consent to the recording ( Stat. § 934.03).
  • Hacking into your spouse’s social media accounts or emails. It is against the law to gain unauthorized access to someone else’s social media accounts or emails, even if that person is your spouse during a divorce.
  • Installing spyware on your spouse’s laptop, cellphone, or computer. Using any spyware or program to intercept your spouse’s emails and electronic communications is not legal in Florida.
  • Following your spouse. Under Fla. Stat. § 784.048, you can be charged with the criminal offense of “stalking” for maliciously, willfully, and repeatedly following, harassing, or cyberstalking another person, including your spouse, when going through a divorce.

If you are not sure what counts as illegal spying, speak with a divorce attorney to determine what you can and cannot do during the divorce process.

When Spying on Your Spouse is Not Illegal During a Divorce

Not all types of “spying” are illegal when going through a divorce in Florida. You can check your spouse’s public social media page as many times as you like. However, your spouse’s public profile is unlikely to give you the information you are looking for to use against your spouse, use as evidence of cheating, or use it to prove that your spouse is hiding assets.

If you still have access to your soon-to-be-former spouse’s accounts or emails because your spouse shared their login information with you during the marriage, you may not be able to lawfully use the confidential information you discover against your spouse.

If you are not sure what is and is not legal when it comes to spying on your spouse during the divorce process, talk to a skilled lawyer to discuss your case. Your lawyer will help you conduct a thorough investigation and obtain information about your spouse lawfully, including evidence of hidden assets.

An experienced lawyer can help you gather all the evidence you need to obtain a favorable outcome in your divorce case. Gathering evidence through legitimate channels is much better than illegally spying on your spouse.

Do not hesitate to speak with our Orlando divorce attorney at the Law Offices of Steve W. Marsee, P.A. Call 407-521-7171 to discuss your situation.



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