Is Your Spouse Spying On You?

 Posted on January 24, 2026 in Divorce

Spouses spying on their partners before and during their divorce is fairly common. According to recent research by Norton Labs, nearly one in 10 adults has used an app to monitor a current or former romantic partner's device activity. For some people, this is shocking and surprising. For others, it seems like common sense ("What, you don’t?").

If you are divorcing a spouse you think is spying on you in 2026 – or if you are considering spying on your own spouse – it’s important to know how spying can affect divorce proceedings. Our San Antonio divorce lawyer can help you understand what is legal and how it affects your situation.

Why Do People Spy on Their Spouses During Divorce?

When a marriage is falling apart, many people want proof of any suspicions they have about their spouse. People who suspect an affair want concrete evidence for court (and for their own closure). Some worry their spouse is hiding money or assets. Parents sometimes spy because they fear for their children's safety. If someone has an abusive partner, they may hide recording equipment in the house to document the abuse.

Technology has made spying very accessible. "Spyware" applications are easy to download onto a partner’s phone or computer, where they can secretly record text messages, emails, photos, and phone calls. The same Norton Labs report showed a 63 percent increase in devices with spyware between September 2020 and May 2021.

How do People Usually Spy on Their Spouses?

The most common methods of spying on a spouse include:

• GPS trackers hidden in cars or bags.

• "Keylogger" software that records every keystroke on a computer.

• Logging into a partner's social media or email accounts without permission.

• Hidden cameras or audio recording devices.

• Spyware and stalkerware installed on a partner’s phone or computer to record calls, texts, emails, or even use the camera or microphone remotely.

What Spying Methods are Illegal in Texas?

Texas Wiretapping and Recording Law

Texas Penal Code Section 16.02 governs the recording of phone calls and conversations. Texas is a "one-party consent" state, which means you can legally record a phone call or conversation if you are part of it. You do not need to tell the other person you are recording.

However, you cannot legally record a conversation between other people that you are not part of. Recording your spouse's private phone calls with someone else without permission is a second-degree felony with penalties of 2 to 20 years in prison and fines up to 10,000 dollars.

GPS Tracking and Electronic Access in Texas

Texas Penal Code Section 16.06 makes it illegal to install a GPS tracker on a vehicle owned by another person without permission. This is a Class A misdemeanor. It is also illegal to access stored electronic communications without permission. This includes emails, text messages, or social media accounts. If your spouse has tried to keep something private with passwords or locked accounts, you probably cannot legally access it.

What You Can Legally Do in Texas

You can look at public social media posts. Statistics show Facebook posts get used as evidence in 66 percent of all divorces. You can also review joint bank account statements and credit card bills for shared accounts. Security cameras that both spouses know about are also usually legal.

If you are part of a conversation, you can record it. Hiring a licensed private investigator is often legal, and what they find may be allowed in court.

What about "Are We Dating the Same Guy?" Websites?

These groups are very popular with women who have been cheated on. They are not automatically illegal, but posting on them can create serious legal problems like defamation and harassment. Posts may have sensitive information that is considered an "invasion of privacy" and pushes it over the line to illegal. Posting anonymously does not protect you from these charges.

What Should You Do If You Think Your Spouse Is Spying on You?

Check your devices for suspicious programs (make sure that you did not accidentally install them yourself if you want to use them as evidence against your spouse). Change all your passwords and turn on two-factor authentication. Turn off location sharing on apps like Find My and Google Maps. Common warning signs of spyware include unusual battery drain on your phone, increased data usage, unfamiliar apps, and your spouse knowing things you never told them.

If needed, a cybersecurity professional can scan your devices for spyware. If you believe you are in danger, contact law enforcement right away. You may be able to get a protection order if your safety is at risk. Most importantly, speak with a divorce attorney as soon as possible. They can tell you about legal options and use proper legal channels to get information during the divorce process.

Call a Bexar County Divorce Lawyer Today

If you think your spouse is hiding something, or you are worried about being monitored, the San Antonio divorce attorneys at Brandon Wong & Associates can help. We know the proper legal ways to gather evidence and protect your interests without breaking the law. Because we only practice family law, your case will be in the hands of someone with experience. Contact us today at 210-201-3832 to discuss your situation.