Divorce raises tough questions about privacy. Many ex-spouses wonder if it’s legal to monitor their former partner’s emails, phone, or whereabouts. In Illinois, the law strongly protects each person’s electronic privacy – even from a spouse or ex-spouse. Generally, spying on your ex without permission is illegal and can lead to criminal charges, civil penalties, or court sanctions. This article explains Illinois laws on electronic surveillance, common spying technologies (like spyware and Apple AirTags), how to protect yourself, and guidance for attorneys and clients dealing with digital spying in divorce cases. It also notes relevant federal laws that may apply.
Illinois Laws on Electronic Surveillance and Privacy Illinois Eavesdropping Law (Secret Recording): Illinois is an “all-party consent” state for audio recording. This means you cannot secretly record a private conversation with your spouse or anyone else unless everyone involved knows and agrees. If you surreptitiously record your ex’s phone calls or discussions (for example, hiding a voice-activated recorder), you violate the Illinois Eavesdropping Act. The law defines eavesdropping as recording or listening “secretly or surreptitiously” to a conversation. There is a narrow exception if you have a reasonable suspicion your spouse is about to commit a crime against you or your children – then you could record to obtain evidence of that crime. Outside of that scenario, secret recordings are criminal. Violating the eavesdropping law is a Class 4 felony for a first offense (punishable by 1–3 years in prison). Importantly, any recordings made without consent are typically inadmissible in court during your divorce, so they won’t help your case even aside from the legal penalties.
Computer Tampering and Digital Privacy: Accessing your ex-spouse’s personal devices or online accounts without permission is also illegal. Illinois’s computer crime laws (720 ILCS 5/17-51) prohibit unauthorized access to someone else’s computer, phone, or data. Even if you used to share a household computer or know your ex’s passwords, you cannot log into their email, social media, or messaging accounts once access is revoked. In fact, the law considers cell phones as “computers,” and using a password (even one your spouse gave you long ago) without current consent still counts as unlawful access. This kind of “hacking” or installing spyware on your ex’s device can lead to charges ranging from a Class B misdemeanor up to a Class 3 felony, depending on the severity. In short, guessing or stealing your former partner’s passwords, reading their private messages, or installing a keystroke logger are all forms of illegal computer tampering and invasion of privacy under Illinois law.
GPS Tracking and Stalking Laws: Physically tracking your ex-partner’s movements with a device – for instance, hiding a GPS tracker on their car – is generally illegal in Illinois. State law explicitly says “A person or entity in this State may not use an electronic tracking device to determine the location or movement of a person.” Placing a tracking device on someone’s vehicle or belongings without consent is a Class A misdemeanor. (The only notable exception is if you are the owner or lessee of the vehicle being tracked. For example, if you own the car your ex is driving, one could argue you consented to tracking that vehicle – but even then, using it to surveil your ex can lead to other troubles like harassment claims. It’s a murky area best avoided.) Moreover, Illinois’s stalking law prohibits placing someone under surveillance via a tracking device without their consent). If the tracking behavior causes your ex to fear for their safety or suffer emotional distress, it can escalate to stalking, which is a Class 4 felony (and Class 3 for repeat offenses). In sum, secretly tracking your ex-spouse’s location – whether with a GPS gadget or tools like
Smart Home Devices and Cameras: Modern smart home technology can also become a tool for spying. If you and your ex shared home security cameras, baby monitors, Alexa or Google Home speakers, or a Ring doorbell, be aware that any device still linked to your ex could be accessed to monitor you. For example, an angry ex might remotely view security camera feeds or use a voice assistant to listen in on conversations if you haven’t changed the passwords. Such conduct would likely be viewed as unlawful surveillance or harassment. It may fall under Illinois’s cyberstalking or harassment laws, especially if it’s done to intimidate you. Always secure or remove shared smart devices during a separation to prevent this kind of snooping.
Common Technologies Used for Spying in Divorce When marriages break down, some individuals turn to readily available gadgets or software to spy on their partner. It’s important to recognize these tools so you can guard against them. ### Spy technology that has shown up in Illinois divorce cases includes
Phone Spyware Apps: So-called “stalkerware” can be installed on a smartphone to secretly report texts, call logs, emails, browsing history, GPS location, and even live microphone or camera feeds to the person monitoring. These apps often run invisibly. An abusive spouse might install spyware on your phone or tablet to watch your every move digitally. Signs include unusual battery drain, strange background processes, or the device behaving oddly. (If you suspect such an app, stop using the device and get professional help to remove it.
GPS Trackers and Tags: Tiny GPS trackers can be hidden in a car, bag, or even clothing. Devices like the Apple AirTag (or similar Tile trackers) are cheap and easy to conceal – some are as small as a coin or button battery. A tech-savvy ex could slip one into your car’s glove compartment or your child’s backpack to ping your location. (Apple AirTags will send alerts to nearby iPhones when an unknown tag is traveling with them, but that’s not foolproof protection.) Most uses of such trackers to follow a person are illegal in Illinois, except potentially in jointly owned property situations. If you find an unknown tracker on your belongings, document it and inform law enforcement.
Shared Family Accounts & “Find My Phone” Apps: Some spouses exploit family-sharing features or cloud accounts. For instance, if you were on the same Apple or Google account ecosystem, an ex might still have access to location services (like “Find My” app) or synced data (calendars, photos, emails). They might also abuse apps intended for child safety or family location sharing to keep tabs on you. Always double-check and disable any account access you previously shared with a spouse when a separation begins.
Hidden Cameras & Audio Bugs: Miniature hidden cameras can be bought online and placed in the home to spy (inside a smoke detector, clock, etc.). Likewise, some parents have attempted to hide recording devices on a child— for example, strapping a recorder or smartwatch to a young child during visitation to eavesdrop on the other parent. These tactics not only violate Illinois law, but judges view them very negatively in custody disputes.
Smart Home Systems: As mentioned, any internet-connected home device – security cams, smart thermostats, voice assistants, even a car’s infotainment system – can be repurposed for surveillance if one still has remote access. There have been cases of ex-partners using smart doorbell cameras or nanny cams to track who comes and goes from the other’s residence. An ex with malicious intent might also remotely adjust a smart thermostat or flicker the lights to harass the person in the home. These behaviors can constitute harassment or stalking.
It’s alarming how “sneaky and discreet” modern spy tech can be. For example, there are apps that can forward your spouse’s emails or texts to another device, or software that makes a target phone automatically answer calls so the caller can silently listen in. Couples in divorce should assume that if a gadget or app exists, someone might try to misuse it for spying. Judges consider these actions an invasion of privacy and do not look kindly on a spouse who engages in them. In one Illinois firm’s experience, family law judges have imposed “heavy sanctions” on parties caught illegally tracking or spying on their spouse. In short, the potential tech tools for spying are many – but using them against an ex is ethically wrong and legally risky.
Federal Laws that Also Protect Digital Privacy
Aside from Illinois state law, several federal laws forbid electronic spying and could apply in a divorce context
Federal Wiretap Act (ECPA): The Electronic Communications Privacy Act is a federal law that, among other things, makes it illegal to intercept or record communications (phone calls, emails, messages) without the consent of at least one party. While federal law only requires one-party consent (so you can record your own conversations), secretly bugging someone else’s conversations or reading their private communications in transit is a federal crime. Installing a device to tap a phone line or using spyware to capture communications violates this act. So, if an ex-spouse places a bug in your car or uses a software to copy your messages, they could be violating federal wiretap statutes in addition to Illinois law.
Stored Communications and Computer Fraud Laws: Accessing someone’s stored electronic information without permission (such as breaking into their email or cloud storage) can violate the Stored Communications Act. Moreover, the Computer Fraud and Abuse Act (CFAA) is a federal anti-hacking law that prohibits unauthorized access to computers and devices. A spouse who guesses your passwords or installs a keylogger to steal your credentials could face federal hacking charges under CFAA. This law has been used to prosecute people for logging into an ex’s email or social media without authorization. In short, reading your ex’s private digital communications isn’t just a state crime; it could be a federal felony too.
Cyberstalking Law: Federal law (18 U.S.C. §2261A) also criminalizes interstate stalking or cyberstalking. If an ex uses the internet or any electronic device to harass, intimidate, or cause substantial emotional distress across state lines, federal authorities could get involved. For instance, if an ex-spouse places a GPS tracker and you travel out of state, or they bombard you with threatening messages online, it might trigger federal jurisdiction.
While day-to-day divorce disputes are usually handled under state law, it’s worth noting that extreme cases of cyberespionage or stalking can attract federal penalties. In practice, an ex spying on you is more likely to face Illinois charges, but the existence of federal laws underscores how seriously privacy violations are treated at all levels.
Consequences of Illegal Spying in Divorce Cases Using spy tactics against your ex can backfire badly in court. Illinois is a no-fault divorce state, meaning you don’t need to prove wrongdoing like adultery to get divorced, and judges generally won’t award extra money or custody just because one spouse was unfaithful. So, trying to “catch” a cheating spouse via digital snooping usually has no benefit in divorce outcomes. In fact, if you obtain evidence by illegal means (like hacking into a phone or secret recordings), a judge will likely exclude that evidence entirely. The court may even penalize the spying party. Judges have broad discretion to sanction misconduct: a spouse caught spying could be ordered to pay the other side’s attorney’s fees, could lose credibility in the case, or even face an adverse ruling in extreme situations. For example, if a husband illegally tracked his wife’s car, a judge might factor that in when determining a parenting plan – seeing it as harassing behavior that affects his fitness as a parent. Judges have labeled this kind of behavior as “abuse” or harassment, especially in the context of custody or orders of protection.
From an ethical standpoint, Illinois courts simply do not approve of “self-help” spying. One family law attorney noted that such high-tech snooping is “creepy” and creates a bad impression. It can shift the focus of the case from the issues at hand (like division of assets or child custody) to the spying itself. In some cases, divorce attorneys have successfully motioned for sanctions – essentially penalties – against a spouse who was proven to be electronically stalking the other. Law enforcement may also get involved. If your ex broke criminal laws, they could be investigated and charged by prosecutors. For instance, there have been cases where a spouse was charged with felony eavesdropping or computer tampering for accessing an ex’s emails without permission.
It’s worth emphasizing: Spying on a spouse is largely counterproductive. As one legal expert put it, “Bottom line, don’t try to spy on your spouse... If you feel your spouse is doing something illegal, inform the authorities.” Aside from being illegal, it usually won’t help you “win” anything in divorce court and may hurt your case. Focus on legal avenues to gather necessary information (like formal discovery through attorneys) rather than vigilantism. In Illinois, courts prefer that any evidence presented is gathered lawfully. And if you’re the spouse being spied on, know that the law is on your side to stop it.
Protecting Yourself If You Suspect Digital Spying If you have the uneasy feeling that your ex-partner is watching or listening to you through technological means, take action both technically and legally. ### Here are some steps to protect yourself
Secure Your Devices and Accounts: Change all your passwords on email, social media, banking, and phone accounts. Choose strong, unique passwords that your ex can’t guess (avoid birthdays, pets’ names, etc.). Update your security questions if your ex knows the answers. Enable two-factor authentication on important accounts so that even if they have your password, they can’t log in without a code. Review account recovery settings to ensure they aren’t sending password reset links to an email your ex controls. On your smartphone, check for any unknown apps or profiles installed – if you’re not tech-savvy, consider having a professional scan it for spyware. It may even be wise to factory-reset your phone or get a new device if you strongly suspect it’s compromised.
Check for Physical Tracking Devices: Do a thorough sweep of your car, bag, and other personal property for any unfamiliar gadgets. GPS trackers can be very small – look under the car, in wheel wells, glove box, trunk, and around the engine. Apple AirTags will cause an alert on iPhones if one is traveling with you; Android users can download Apple’s Tracker Detect app to scan for AirTags. There are also handheld RF detector devices that can pick up signals from hidden cameras or trackers. If you find a suspicious device (like a magnetic tracker under your car), take photos and save it as evidence – and hand it to the police. Don’t simply throw it away; proving its existence can help law enforcement build a case for stalking.
Disconnect Shared Smart Tech: Immediately revoke your ex’s access to any shared smart home systems, online accounts, or cloud data. Change the Wi-Fi network password at home (so they can’t access cameras or smart devices linked to it). Check any family-sharing app settings (Apple Family Sharing, Google accounts, Amazon Prime household, etc.) to ensure they are removed. If you had a joint phone plan or insurance with device-tracking features, inform the provider that you want to separate or secure your line. Also, be mindful of devices like children’s tablets or game consoles that might still be logged into accounts your ex knows – update those too. Essentially, perform a “digital separation” just as you do a physical one.
Document and Gather Evidence (Safely): If you suspect spying, start keeping a log of incidents and evidence. Save strange texts or emails that suggest your ex knows something they shouldn’t. Screenshot odd occurrences (e.g., a notification that an unknown device logged into your account, or a sudden warning that “someone is tracking you”). This documentation can be important if you decide to involve the court or police. However, do not attempt to hack into your ex’s devices in retaliation – stay on the right side of the law. Instead, preserve what evidence you encounter naturally. If the situation is serious, your attorney might recommend hiring a digital forensics expert to inspect devices for spyware or to trace the source of tracking.
Legal Protections: Restraining Orders: Illinois law offers protective orders specifically for stalking and harassment. If you have evidence or a strong belief that your ex is cyberstalking you, consider obtaining a Stalking No Contact Order (SNCO) or an Order of Protection. Courts can issue an emergency order relatively quickly, which can forbid your ex from contacting you, coming near you, or engaging in further surveillance. Violating such an order is a criminal offense. To get an order, you will need to present facts suggesting harassment or stalking (for example, “I found a tracker on my car” or “They hacked into my email”). The order can include terms prohibiting the misuse of electronic devices to monitor or harass you. Having a court order is also useful because if your ex continues the spying behavior, you can call the police and show them the order – which would mandate an arrest for violation. In many cases, just the issuance of an order scares the offending party enough to stop the behavior.
Consult Your Attorney and the Authorities: Do not suffer in silence. Let your divorce attorney know if you suspect any spying. They can advise you on immediate steps and may file motions in court to address it. For instance, an attorney can ask the judge to order your ex to surrender any illicit recordings or devices or request sanctions. Attorneys are increasingly aware of these tech abuses – some even take precautions like meeting clients in device-free conference rooms to ensure privacy. If you have clear evidence of illegal spying (like proof of a wiretap or tracker), report it to law enforcement. Police and prosecutors can charge your ex under criminal statutes for eavesdropping, tampering, or stalking. This is not being vindictive; it’s about your safety. Law enforcement can also guide you on how to collect additional evidence without compromising the investigation. Remember, using the law is the ethical way to counter spyware – don’t try to “hack back” or engage in a tech war with your ex.
Finally, protect your peace of mind. Being spied on by someone you once trusted is extremely unsettling. In addition to the concrete steps above, reach out to friends, a counselor, or a support group if you’re feeling paranoid or unsafe. There are also nonprofit resources (like the National Domestic Violence Hotline or local tech abuse clinics) that can offer guidance for cyber-stalking situations. Know that you are not alone, and these scenarios are taken very seriously by courts today.
Guidelines for Attorneys and Clients in Digital Spying Cases For Divorce Attorneys: In Illinois, lawyers should be proactive in addressing digital privacy with their clients. It’s wise to assume the opposing spouse might attempt some form of surveillance. Attorneys often now advise all clients at the outset to update passwords and be cautious with communications. In sensitive cases, some lawyers even ask clients to turn off or leave devices outside the room to ensure confidential strategy talks cannot be recorded. If a client brings evidence or suspicions of being spied on, take it seriously: help them document it and consider filing a petition for a protective order immediately. From a legal strategy perspective, an attorney can file motions to compel discovery of any surveillance the other side has done. For example, you might demand the opposing party hand over any recordings or data obtained from devices. If they obtained it illegally, you can then move to exclude that evidence and ask for sanctions. Illinois courts have not hesitated to sanction parties for e-discovery misconduct and privacy violations – this can include fines or even affecting the outcome of the case. As an attorney, you should also counsel your own client: do not engage in spying. Emphasize that it’s illegal and will damage their case. If a client is insistent that “I need to get their texts” or wants to put a tracker on a child “for safety,” explain the legal consequences in no uncertain terms. It’s better to use formal discovery, subpoenas, or hire private investigators who operate within the law. Lawyers must maintain ethical standards; helping a client spy could implicate the attorney in wrongdoing. Instead, if a client needs information (say, proof of hidden assets or infidelity affecting kids), find legal investigative methods to get it.
For Clients (Individuals): Be upfront with your attorney if you have already engaged in any form of snooping. Attorneys aren’t there to judge; they need to know to mitigate any fallout. Your lawyer can often keep illegally obtained evidence from being used, but only if they know about it. If you’re considering spying, talk to your lawyer first – they will almost certainly advise against it and can suggest alternatives. Remember that in divorce cases, transparency and credibility are important. If you get caught spying, you will lose credibility before the judge. It can also inflame tensions with your ex, making an amicable settlement much harder. Instead, let your lawyer handle information-gathering through proper legal channels. For instance, if you suspect your spouse is dissipating money or hiding something, your lawyer can subpoena bank records or request a forensic accountant, rather than you trying to crack into their email. Also, focus on securing your own data (as discussed above) rather than obsessing over what your ex is doing.
If you believe your ex is spying on you, communicate that to your attorney as well. They can advise you on collecting evidence and can raise the issue in court to protect you. Illinois judges can issue temporary orders in divorce proceedings to stop harassment – even before a formal order of protection, a divorce court can order spouses not to interfere with each other’s privacy or not to enter certain accounts. Your attorney might file an emergency motion if the spying is impacting your safety or the fairness of the proceedings.
Addressing Digital Evidence in Court: When digital spying is alleged, attorneys on both sides need to tread carefully regarding evidence. If you represent the spouse who was spied on, you may file a motion in limine to bar any evidence gathered via illegal means (for example, an audio recording made without consent). The court will almost always grant that – Illinois law says such recordings are not admissible. You might also seek sanctions or ask the court to award attorney fees for the time spent addressing the misconduct. If you represent the spouse accused of spying, and they did obtain some useful “dirt,” advise them that using it in court could do more harm than good. It may be better to not attempt to use illegally obtained info at all, rather than provoke a legal backlash. In some cases, if the evidence is critical (say it reveals child endangerment), consult about possibly turning it over to law enforcement instead of using it in the divorce – but that’s a tricky situation requiring legal guidance to avoid implicating your client. Generally, a spouse who breaks privacy laws in a divorce will find that it boomerangs on them legally; thus, lawyers should guide their clients away from that path.
Conclusion Navigating a divorce is hard enough without the nightmare of being spied on. Illinois law is clear: an ex-spouse cannot legally spy on you through electronic means. Your communications, your devices, and your movements are entitled to privacy. Tactics like secret recordings, hacking accounts, planting GPS trackers, or abusing smart gadgets are largely illegal and come with serious consequences in Illinois. Not only can the spying spouse face criminal charges, but any information they gather is likely useless in court and could sabotage their case. Meanwhile, the spouse who is targeted by such surveillance has recourse to both the courts and the police to make it stop.
Technology has undeniably made it easier for bitter or controlling ex-partners to snoop – from stalkerware apps to tiny trackers – but it has also prompted stronger legal protections. Both state and federal laws are catching up to these digital threats, and Illinois judges are well aware of the issue, often treating it as a form of domestic abuse or stalking. The ethical stance is straightforward: respect digital boundaries. If you wouldn’t install a recording device in your ex’s living room in person, you shouldn’t do the virtual equivalent online.
For anyone going through a divorce in Illinois, the best practice is to handle information gathering and evidence the legal way: through your attorney, via subpoenas, depositions, and honest investigation – not electronic skullduggery. And if you feel like you’re the one being watched, trust your instincts and take action to protect yourself using the steps outlined above. Your safety and peace of mind are paramount, and the law is on your side to ensure that even after “’til death do us part,” you have a right to live free from unwanted digital eyes.
For more insights, read our Divorce Decoded blog.