Long Island Divorce & Family Law Firm Established in 1976
Cybersecurity

Spousal Spying: What You Should Know

The internet is constantly changing, evolving, and growing, which makes spousal cybersecurity more imperative now than ever before. The boundary is getting fuzzier between tangible and digital, which makes it even more difficult to identify and alleviate these issues.

Keep this in mind during your divorce since your ex-spouse may use digital tactics to stay up-to-date on your actions and whereabouts. In addition, you may want to include extra protection to your digital devices so they are not vulnerable if your ex-spouse decides to go after them.

An Invasion of Privacy

Whether you have something to hide from your spouse or not, it can be very unsettling to know that they are spying on you. Additionally, it may not even be legal for your spouse to spy on your digital devices.

It is important to keep in mind that any information obtained through illegal spying may not be used against you in your divorce or custody battle. However, it is possible for your spouse to gain legal sources of information about you using illegally attained information. It is under that circumstance in which their spying could hurt your case.

Reasons Why Your Spouse May Spy

Even though you may feel like you have nothing to hide, your spouse may want to know what you’re up to for a few reasons:

  • Whether you’re drinking alcohol, using drugs, or becoming involved with people your spouse considers unsafe or a bad influence
  • Whether you’re quietly spending greater amounts of money than you should be, or taking money away from a family business
  • Whether you’re actually going to work, or just pretending
  • Whether you’re actually taking college courses; particularly if your spouse is helping out with the costs

Some people spy because they are suspicious from the get-go, and others may be insecure. Moreover, some spouses are just plain controlling and possessive.

In addition to the aforementioned reasons for spying, your spouse may be keeping tabs on you in order to gain an advantage in your divorce or fight for custody.

Tools Your Spouse May Use to Spy on You

There is an abundance of digital tools your spouse may use to spy on your every move. Tracking devices, like the one used in this story, are common and easy to use. As M found, her spouse was legally allowed to track her vehicle’s whereabouts since it was jointly owned between the two of them. M’s spouse had the legal right to track the vehicle since he partially owned it.

It is not uncommon for spouses going through a divorce to install spyware on the other’s digital devices. The legality of this sort of spying is not very cut-and-dry. It is generally regarded as legally acceptable to place spyware technology on your child’s phone or computer. However, it is generally regarded as illegal to place the same technology on a spouse’s digital devices.

If you suspect your spouse has placed tracking systems or software on your digital devices, it may be tempting to swap out your device with a new one in order to get rid of the tracker(s). While this solves the immediate problem of spousal spying, it also destroys any evidence that could have been collected from the technology.

Unfortunately, it is common for local law enforcement not to want to become involved with issues of digital spying. Typically, local police do not want to investigate these sorts of matters. That leaves you to fend for yourself if you suspect digital spying on behalf of your spouse. That often means you are forced to pay thousands of dollars out of pocket in order to obtain a private investigator who focuses on matters regarding digital forensics to come up with a diagnosis for your smartphone or computer. It’s a lot less expensive to abolish the data on a hard drive or trade in your device than it is to document a crime that has occurred.

What To Do if You Suspect Spousal Spying

If you suspect your spouse is using digital tactics to spy on you during your divorce, it is in your best interest to contact an attorney that specializes in these sorts of cases right away.

You may also want to file a police report, even if the police do not wish to conduct an investigation. This documentation can help your case later on since it will provide an accurate account of what happened and will remain on the record.

Your attorney will know which spying actions are legally permissible and which are not. They will then be able to provide you with tools to confirm how your spouse is spying on you and how to make sure they are unable to do so in the future.

Your attorney will also know how to handle the situation if your spouse goes from spying to stalking or harassing you. Your attorney may decide that a restraining or protective order is necessary to keep you safe.

We Are Here to Help You

No matter the spousal spying techniques used, the attorneys here at Wisselman, Harounian & Associates can help you feel safe and secure as you get through the divorce proceedings. Our attorneys are highly skilled in family law and have helped many other people just like you. Don’t hesitate to contact our firm with your case right away. There’s no reason to wait when your safety is on the line.


Call Wisselman, Harounian & Associates today at (516) 406-8500 to speak with an attorney about your potential case.

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