Divorce often brings increased scrutiny of finances, communications, and daily activities. However, as technology becomes more integrated into everyday life, divorcing spouses may discover that location-sharing apps, AirTags, shared accounts, and other digital tools provide unprecedented access to personal information. While some forms of monitoring may be legal and unintentional, others can raise serious privacy concerns and potentially impact family court proceedings.

How Electronic Monitoring May Occur During Divorce

Location Tracking Through AirTags and Other Devices

Apple AirTags and similar Bluetooth-enabled tracking devices are small, inexpensive tools designed to help users locate personal items such as keys, luggage, or backpacks. During a divorce or separation, however, concerns may arise when one spouse suspects that a tracking device has been placed in a vehicle, piece of luggage, purse, briefcase, or other personal belonging to monitor their whereabouts.

In some cases, individuals may not realize they are being tracked until they notice unusual patterns, such as a spouse appearing unexpectedly at locations they have visited, receiving smartphone notifications about an unknown tracking device moving with them, hearing unexplained alerts from nearby tracking devices, or discovering unfamiliar items attached to their vehicles or possessions. As technology continues to evolve, it is important for divorcing couples to understand how these devices work and to remain aware of potential privacy concerns that may arise during family law disputes.

Shared Use of Digital Accounts and Devices

Many divorcing couples remain connected through shared technology long after they begin living separate lives. Family-sharing features on smartphones and tablets, shared cloud-storage services, and joint photo accounts can allow one spouse continued access to information about the other’s activities, contacts, photographs, and digital data.

Similarly, location-sharing settings available through Apple, Google, and social media platforms may remain active unless they are intentionally disabled, potentially allowing a spouse to monitor another person’s whereabouts in real time. Because these tools are often established for convenience during a marriage, individuals may not realize the extent of the information still being shared after separation.

As a result, divorcing spouses should carefully review their devices, account settings, and privacy preferences to better understand who has access to their information and to help safeguard their privacy throughout the divorce process.

Monitoring Through Smart Home Technology

Smart home technology has created new ways for spouses to access information about one another, particularly during a divorce or separation. Home security cameras, video doorbells, smart speakers, and voice assistants may collect data about daily activities, visitors, and communications within a home.

Likewise, connected vehicles and built-in GPS systems can generate location information, travel histories, and other usage data that may be accessible through shared accounts or applications. In some situations, these technologies may also store activity logs, recordings, or other digital records that could reveal when a person entered or left a residence, communicated with a device, or traveled to a particular location.

Impact on Divorce and Custody Proceedings

Allegations of electronic surveillance can significantly complicate divorce and custody proceedings, particularly when one spouse believes the other has used tracking devices, monitoring software, or shared accounts to observe their activities.

In high-conflict custody disputes, evidence that a parent engaged in unauthorized monitoring may be scrutinized by the court when evaluating the parties’ ability to communicate, co-parent, and foster a healthy environment for the child. Depending on the circumstances, repeated tracking, monitoring, or other forms of digital surveillance may also be viewed as controlling, coercive, or harassing behavior, particularly where the conduct is intended to intimidate, interfere with a spouse’s independence, or may implicate privacy, stalking, or family-law concerns under New York law.

As a result, electronic monitoring can have consequences that extend beyond privacy concerns and may influence broader issues within a family law case.

Orders of Protection and Related Concerns

Electronic monitoring may also play a role in requests for orders of protection and other forms of relief in family law matters. When a spouse alleges that the other party has used tracking devices, spyware, location-sharing technology, or other electronic means to monitor their movements or communications, the court may consider whether the conduct constitutes harassment, stalking, intimidation, or another form of inappropriate behavior. In certain circumstances, evidence of ongoing electronic surveillance may support a request for protective relief, particularly when the monitoring causes fear, distress, or interferes with a person’s safety and privacy.

Documented evidence, such as GPS records, screenshots, electronic notifications, account activity logs, or forensic examinations of devices, can also become important evidence in family court proceedings. As a result, spouses who believe they are being electronically monitored should carefully preserve relevant information and consult an attorney regarding the potential legal significance of the conduct.

Can Information Obtained Through Tracking Be Used in Court?

New York courts have recognized that electronic monitoring may have significant consequences in matrimonial litigation. In A.S. v. A.B., a Kings County Supreme Court case, the wife sought records from a GPS tracking device that she alleged her husband had placed on her vehicle during the divorce proceedings. The court concluded that unauthorized GPS tracking of a spouse’s movements may constitute stalking under New York law and may also qualify as domestic violence.

Because allegations of domestic violence can be relevant to issues such as equitable distribution and other matrimonial claims, the court permitted discovery of the tracking records and denied the husband’s effort to block the subpoena. This decision demonstrates that courts may view certain forms of electronic surveillance as more than a privacy concern, particularly when the conduct appears designed to monitor, intimidate, or control a spouse.

Courts have also addressed other forms of electronic monitoring, including email tracking and spyware. In D.P. v. S.P., a Westchester County Supreme Court judge considered evidence that a husband had used email-tracking software to determine when and where emails sent to his wife were opened.

The court noted that such conduct could potentially constitute stalking and warned that future unauthorized tracking could subject a party to contempt proceedings or other sanctions.

New York courts have also addressed other forms of electronic monitoring, including email tracking and spyware, demonstrating an increasing willingness to scrutinize surveillance-related conduct in matrimonial litigation.

Courts may also consider how electronic evidence was obtained and whether privacy concerns affect its admissibility or weight. Evidence obtained through unauthorized surveillance, account access, or violations of court orders may face additional scrutiny.

Steps to Protect Your Privacy During Divorce

Review Location-Sharing Settings

• Disable unnecessary location sharing.
• Check connected devices and account permissions.
• Review family-sharing and cloud settings.

Secure Personal Accounts

• Update passwords and security questions.
• Enable multi-factor authentication.
• Create separate accounts where appropriate.Inspect Devices and Accounts for Unauthorized

Access

• Review logged-in devices.
• Check account activity histories.
• Identify unfamiliar tracking devices or applications.

Preserve Evidence of Suspected Monitoring

• Document unusual activity.
• Save screenshots and account records.
• Avoid deletion of potentially relevant evidence.

When to Contact a Family or Matrimonial Law Attorney

Individuals should consider contacting a family or matrimonial law attorney if they have concerns that a spouse is improperly monitoring their activities, accessing their accounts without authorization, or using tracking technology to follow their movements. Discovering an AirTag, GPS device, spyware, unfamiliar account logins, or evidence of unauthorized access to emails, cloud storage, or social media accounts may raise important legal and privacy issues that warrant professional guidance.

An attorney can also help determine whether electronic information, such as text messages, emails, location data, photographs, or social media posts, may be admissible in court and advise on the proper methods for preserving potential evidence. In addition, legal counsel may be particularly important in cases involving allegations of harassment, coercion, stalking, or controlling behavior, as well as disputes affecting child custody and parenting rights.

By seeking legal advice early, individuals can better understand their rights, protect sensitive personal information, preserve relevant evidence, and develop an effective strategy for addressing privacy concerns and other issues that may arise during a divorce or custody proceeding.

Tully Rinckey attorneys understand that the issues involved in matrimonial and family matters can be challenging, and they will handle your matter with the attention and tact it deserves. If you have questions about divorce, the attorneys at Tully Rinckey can help you understand your rights and protect your interests. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Nancy Nissen, Esq. is a Partner at Tully Rinckey PLLC’s office in White Plains, New York, where she primarily focuses her practice on family and matrimonial law, with an additional concentration on education law. Nancy is a trained mediator approved by the NYS Unified Courts System Office of ADR, mediating disputes in family and matrimonial law. Nancy also has experience in Education Law, assisting prior family law clients in the areas of IEPs, 504 plans, and dealing with grievances for college students.

Disclaimer: This article provides general information regarding New York law and is not legal advice. Laws governing digital tracking, monitoring, and access to electronic accounts vary by state. Your rights and obligations may depend on the state in which you reside and the specific facts of your situation. If you believe you are being monitored or have questions about digital privacy during a divorce or custody proceeding, you should consult an attorney licensed in your state.