Lisa L. Johnson, Attorney at Law
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Is there such a thing as privacy in a high asset divorce?

Technology has exploded in the last few decades. You can now hold in your hand a faster and more efficient computer than it took to put a man on the moon. While these technological advances make the lives of Kentucky residents better, there always seems to be a downside. One of them could be their use to invade a soon-to-be former spouse's privacy during a high asset divorce.

GPS trackers and spyware apps seem to be showing up in more and more divorce cases. Some programs allow one spouse to read emails and texts, review internet search histories and tap into social media accounts of the other party. Others use GPS trackers to know where the other party's vehicle is at all times.

It is not difficult to imagine how dangerous this technology could be in the hands of an abuser. However, is it just another strategy in divorces involving significant amounts of assets? Perhaps one spouse is searching for evidence of an affair, which might invalidate a prenuptial agreement.

Another spouse may try to determine whether the other is hiding assets. Regardless of the reason for using such technology, it makes many people uncomfortable. Unfortunately, in many cases, there seems to be little the law can do about it.

Many family law attorneys here in Kentucky and around the country struggle with this issue since some of the information may be obtained illegally. If an individual suspects that a spouse has resorted to spying in an attempt to gain some advantage in a high asset divorce, it could significantly complicate matters. Determining the best course of action upon discovering the other party's activities may require some help.

Source: npr.org, "I Know Where You've Been: Digital Spying And Divorce In The Smartphone Age", Aarti Shahani and Lauren Silverman, Jan. 4, 2018

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