Can a wife legally look at her husband’s text messages?

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Can a wife legally look at her husband’s text messages?

Can he sue her?

Asked on June 19, 2012 under Family Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A wife can absolutely legally look at her husband's text messages. Let's break this down. The cell phone has a call plan. The call plan may be joint or separate. Either way, these are bills that are considered marital debts and the funds used to pay them are marital assets. No, he cannot sue her; he would not prevail. If he has something to hide and she discovers it in the hopes of using it for divorce proceedings, it would probably be fair game. If you are concerned about the impact on your divorce proceedings or that it could lead to undue harm for you, consult with a divorce attorney about the next steps.


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