Divorce is hard. Even when both spouses agree, it can still become hostile. Disputes often arise over assets, custody, or fault. In frustration, some spouses resort to hacking emails, texts, or social media accounts.

While you might uncover incriminating evidence, hacking creates bigger problems. You could face serious legal penalties that damage your case.

Hacking During a Divorce May Be a Federal Offense

Imagine this: you accuse your spouse of infidelity. To prove it, you hand over private emails to your lawyer. Instead of gaining leverage, you face a federal lawsuit under the Electronic Communications Privacy Act (ECPA).

This happened in Epstein v. Epstein. Paula Epstein used her husband’s emails to prove cheating. Instead of helping, the case triggered a federal suit against her. Courts stressed that the ECPA protects privacy—even when the emails reveal wrongdoing.

Remember: knowing a password doesn’t equal permission. Without written consent, you risk violating federal law.

Other Reasons to Resist the Urge to Hack Your Spouse

Not only does the federal government prohibit you from hacking into your spouse’s email during a divorce, but many states also have laws against email hacking. In Florida, for example, hacking into someone’s emails can be considered a cybercrime. Following them could be considered stalking, and recording them without their consent is illegal as well.

Even if you find incriminating evidence through your hacking, it doesn’t mean that this evidence will be used in your divorce proceedings. Not only could you be facing legal penalties, the lawyer overseeing your divorce proceedings could use that information against you.

This might call into question your credibility during the proceedings, putting anything you say under oath into question and giving your spouse information to use against you during the divorce.

Consequences for Email Hacking

The Epstein case ended up settling after two days in front of a jury, so we’ll never know what the potential consequences could have been. However, because the ECPA allows for civil suits, the most likely consequences will be monetary.

Most of the time, hacking is a federal offense, as the internet makes it possible for people all over the country, and the world, to be connected. Emails are routed through servers that may be located across the country.

If you commit hacking or other spying crimes in Florida, you may be facing felony charges, which could result in prison time and hefty fines. The punishment depends on the severity of the crime and your criminal record.

What To Do Instead of Hacking

Resist the urge to hack. Even if you think that your spouse’s email is full of incriminating evidence, don’t do it. Your better option is to share with your lawyer that you believe that there are emails, texts, or other messages (such as messages exchanged over social media platforms, like Facebook or Instagram).

Go about getting the information in a legal way by asking your attorney to seek discovery of this information. Your attorney can also send a letter of spoliation to your spouse’s attorney. This letter demands that the other spouse does not delete or otherwise alter evidence, such as emails, texts, or social media posts or messages.

Talk to your attorney about your best options and don’t do anything without guidance from your divorce lawyer.

Do Things the Legal Way

Hacking during a divorce may seem like a viable option, especially during the stress of a divorce. Tempers may be flaring and logical thinking may be in short supply, but resist the urge.

You hire a family law attorney to represent you, so use their advice to guide your actions during the divorce process. Don’t make their job harder by hacking or doing other things to jeopardize your case. Not only can your divorce process be negatively impacted, but you might also end up paying your attorney more as they have to put in extra hours to clean up any mess that you make by hacking.

If you are in need of a divorce lawyer, contact us at the Boyer Law Firm. Our attorneys specialize in Florida family law and have offices in Jacksonville, Orlando, Miami, and New York.