Sure, your spouse can’t “wiretap” you, but they can spy on you and get information that can be used against you in a divorce action. For example, if you use a computer at home with your spouse and the rest of the family, and your spouse discovers email communications between you and a third party on this computer, it can be used against you in a divorce action.
The same is true for text messages. Your spouse can’t bug your phone and listen to conversations with a third party. They can’t put software that sees the text message as it is being sent. But they can look at archived messages, especially if the phone is being paid for with “marital funds.”
And, obviously, anything you put up on social networking sites like Facebook, YouTube, Myspace, Twitter and Bebo are fair game.
Welcome to divorce in the Technological Age!