Selfies with the Lover: Legal Consequences
What happens to the spouse who posts photos with their lover on social media? Separation, fault, compensation: the legal risks of an extramarital relationship.
Love often makes people reckless. This is what happens to people who, despite being married, don’t hide their adulterous relationship and post photos with their new partner on social media. However, this move could come at a high cost. What are the legal consequences of taking a selfie with a lover?
On this matter, jurisprudence has expressed varying opinions. In general, it can be said that, according to judges, a photo showing a spouse with their lover in affectionate poses can be considered suitable evidence to prove the relationship or infidelity but not cohabitation. Let’s delve deeper into the subject.
Photos with the Lover: What Happens if You Publish Them?
Publishing a photo with a lover can have serious legal consequences if the image clearly demonstrates a romantic relationship between the individuals.
The photograph could be used by the spouse to prove infidelity and, consequently, to request fault in the separation.
But not only that: theoretically, making a selfie public could also violate the dignity of the betrayed spouse, who would be entitled to claim damages. Let’s see what the jurisprudence thinks.
Selfies with the Lover: Proof of Infidelity?
A selfie with a lover can only serve as evidence of an adulterous relationship if it is absolutely unequivocal. According to jurisprudence a selfie with a lover does not prove adultery if the photograph does not show any intimate or particularly close interaction between the subjects.
In other words, to prove infidelity through a selfie, the compromising photos must not lend themselves to other interpretations.
For example, a self-portrait of a husband and another woman with the sea in the background does not necessarily mean that they enjoyed a romantic vacation together; in contrast, a selfie showing a passionate kiss or a particularly affectionate embrace can be indicative of the relationship.
It is clearly up to the judge to assess the “degree of intimacy” between the subjects depicted in the photos submitted in court by the spouse who believes they have been betrayed.
It should also be noted that, according to established jurisprudence, relevant infidelity for the purpose of attributing fault is not limited to sexual relations but can also be of a platonic nature. Therefore, under the law, the relationship can be adulterous even if no physical relationship has been consummated between the presumed lovers.
Photos with the Lover: Grounds for Fault?
According to the Court of Cassation, for a separation with fault to be pronounced, it is sufficient to have photos showing the spouse in intimate poses with the lover, which, based on common experience, demonstrate the existence of an extramarital relationship between them.
However, it should be clarified that even if a selfie with a lover unequivocally proves the adulterous relationship, the judge is not necessarily obliged to assign fault for the separation. For this to happen, infidelity must be the cause of the marital crisis, not just a consequence.
Therefore, taking a selfie with a lover and then publishing it will not have significant repercussions on the separation if the spouses had already been leading separate lives for some time or did not get along anymore.
For further insights, please refer to the article “Photos with the Lover on Social Media: Risking Fault?”
Selfies with the Lover: Proof of Cohabitation?
According to the Court of Cassation, a selfie with a presumed lover is not proof of cohabitation between them. This means that the photo cannot be used in court to request the revocation of spousal maintenance or alimony.
According to the Supreme Court, social media extracts and photos on Facebook may be suitable for demonstrating the romantic relationship between the former spouses and their new partners but not cohabitation for the purpose of revoking monthly support.
This belief can only be established through additional evidence, such as witnesses or other types of documentation.
Photos with the Lover: Can You Claim Compensation?
Finally, the last aspect to consider is compensation for damages. According to established jurisprudence, a spouse whose dignity and honor have been harmed by the other’s infidelity is entitled to compensation.
This means that an adulterous relationship published on social media and flaunted without any restraint can lead not only to fault in the separation but also to the obligation to compensate the betrayed and humiliated spouse.
In the case of a selfie, it must be considered that a single photo published on social media is inadequate to justify compensation for damages; it is different if there is an entire album of images displayed online and visible to everyone.
In case you need to file for separation or divorce just contact firstname.lastname@example.org